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HomeMy WebLinkAbout260002_ENFORCEMENT_20171231 (2)ENFORCEMENT NUH I H UAHULINA Department of Environmental Qual MICHAEL F. EASLEY ATTORNEY GENERAL. State of North Carolina Department of .Justice P. 0. Box 629 Reply to: RALEIGH 27602-0629 December 9, 1996 Mr. S. Todd Hemphill Bode, Call & Green, L.L.P. Post Office Box 6338 Raleigh, North Carolina 27628-6338 RE: Payment of Civil Penalty Prestage Farms, Inc. Cumberland County, DD 96-004/96 EHR 0724 Dear Todd: ENV. MANAGEMENT FAYETTEVILLE REG. OFFICE Jill B. Hickey Environmental Division Telephone: (919) 733-7247 FAX: (919) 733-0791 This letter will acknowledge receipt of Prestage Farms, Inc.'s check number 124537, in the amount of $2,412.22, and received November 25, 1996. This payment satisfies in full the civil assessment levied upon Prestage Farms, Inc. by the Department of Environment, Health, and Natural Resources. I am closing my file on this matter. If you have any further questions concerning this case, please contact me. JBH/na cc: Bob Sledge Tommy Stevens ep:14355 Very truly yours, ill . Hickey sistant Attorney General 0, ik ' State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director I TT dft 1:3 FE F1 June 24, 1996 MS DEAN COLEY G � CHIEF HEARINGS CLERK BI OFFICE OF ADMINISTRATIVE HEARINGS jay $l ' POST OFFICE DRAWER 27447 RALEIGH NC 2761 1-7447 ENV. MANAGEMENT FA1lETTEVILLE REG. OFFICE RE: Civil Penalty Assessments Against Various Assessed Entities Dear Ms. Coley: Would you please search your records and determine if any of the individuals and/or entities listed below have filed a Petition for a Contested Case Hearing on or before the applicable specified date? Facility Name Canty Our Case # Date 401 Inc., Algie Stevens Franklin DD 96-19 June 16, 1996 Prestage Farms (PX 18) Cumberland DD_96-04 June 20, 1996 If no petitions were filed by the specified date, please ask Judge Mann to execute the attached certifications and return them to my attention at the address below: Robert L. Sledge Water Quality Section Compliance Group Division of Environmental Management P. O. Box 29535 Raleigh, NC 27626-0535 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Thank you for your cooperation in this matter. if you have any questions, please feel free to contact me at 733-5083, extension 233. Sincerely, Wes/ Z. Z-Z)J-k Robert L. Sledge, Supervisor Compliance Group attachments cc: Enforcement File 'Regional Office ShP-27-1996 11s08 FROM TO EHNR FAYETTEV I L. P.01 MICHAEL P. EASLEY ATTORNEY GENERAL TO: FAX N F ROM : DATE: CONFip-y- RECE.-FT OF DOCUXENT (S .' `? MA-RKED COMMENTS: 1 State of `orth Carolina�7`' Depars.menr of Juszice R o. 50X mo ENV. MANAGEME'Nr R.-kLEIGH AYETTEVII�EREG, OFFt C� 2 7 soQ•o�g :.... Phone: (919) 733-5725 (919) 733-7247 Fax: (919) 733-0791 TELECOP IER '='RP.NSMITTAL SHEET ERE: +� ' SEP-27-1995 11:08 FROM TO EHMR FAYETTEVIL P.02 SAP ' 95 I C r 51 HOOF CR.L 8 GLEN P . 2 S tr 5 =. 4 i • t i. $ODD .GALL CWJLlMX'Xo LfL.I{ i i ml0� OLMOWOM AWWW= &OWN "D 7p i5 i0it� ;• •• 1 f Lim. 5;05r II d-lmiMm MGM A Oai1 ; �i! i�r04Y OWIF • Ra m 1 A*Wa READ= 1fi • •'YC� � 4,. i'mP 4 �aa rVri� ,• - ' September 26, 1996 � wISYOY via ykieed mfie Md U.S. Mail ; __ 7�iII�Be f i�claty ' Assistauu � NorQ CMUM Depamew of Justice Pact Office Box Rakigb, North QroUna 276M.O 9 1 �: 96 MM 07M � Dear Jill: Fab** sup oar rnit convemdow and yours with my seactuy, xoa=4 I have wuveyed to An% (.`Or{ w the fO awLng dates on which Ali pardes can be aysiMle for mediation: October 14 and 171 ].99& I adt+isad his secretary that we would prefer the mediation to be held in Raleigh, but would discus i,thc god5c location with you However, is we mod, it derma to make more sense for us to engage in some seu#1 uam negotiations ouxaW4 in order to avoid the oxia of mediation. I have had the chance to discuet this casein some more detail with our c1mut, and wanted to share with you their thougb% as weD as a proposal to resolve the case. As with many civil penalty cam, our chores main complaint with the Fmdmp upon which the doll' penalty was based relates as mush to the description of the Findings, as it does to the amouat.'of the penalty. Based upon discumlo= with our client, we believe the %Hawing to be the ralevarrt facft in the CaSC: - Ua Oetobet' 17,• IM,'Q Prestage Farms employee wea ap*iing of uem from the lag = onto 04 spray , and f wIvetually left the away irrigation equipment an logger than be ftWd have, In the early even[ng hours an that day, another employee, Swine Division Manager Tack McQgcv, aiKer7ed some pandWgof effluent on the sl=y field. He contacted your client's reSkMW, office tint day, and ,asked a representative to visit the fum the nest day. tr 1 i f t i i SEP-27-19% 11:09 FROM Sm '96 26-31 BODE 04-L & vem a TO EHNR FAYETTEUIL P.03 P.3 yr ]i11 B. I iickq 1 ~ Amis rot Artonmq September 260199b Page Z 4 Michael Moody of your clients of&m viattod the farm in the afternoon cm the followhmg day, and m is seen; forth in your client's October 31,199S letter to Prestage Farms, observed Nbat _ there wap emaaesdve ponding on much of the spray 5eW Contrary to the statement in ym client's Fmi dim of May 13,19%, Mr. Moody did not ah rve a discharge of wastewater to Beaverdam !; GYeek ce} that day. Picemp Farms immediate4 responded to your client's coacems regarding this matters and we believe your chlent would agree that they have appropriately alleviated the problem and taken mca;ures to assure it dm not r000cur. Based upon the above, we belim your chc&s May 15,1996 Findings are incorrelcs in the Wawir4 regards; r The. Findittg,S fail to indicate that Prestap Pamms reparW the event to DBHNA as Octoba 170 1995; and 2. DrM staff did not olmsmve a dischatp of wastewater from the spray Fuld to Beavardam Creek on October 18, MS. Bocause the Agency is bound by the patamc m of its Findings, we believe that the F"mdinga; as drafted, do not support the peadty Imposed. Nevertheless, our ciimu is more oaneemed about torre dug the FhxUnp to reflect the above bets, We would be willing to therefore settle the we, along time Wowing 1inm. { _ Fbst, wewould requert that the Findings of Fact be amended as follows. Add Fiedinp of Fact LD. and F. as Ulm: D. On October 17, 1995, an employee of Pt'estage _ Farms, I= began land application of efflnastt from the lagoon at PX-18 in Cumberland County. He i adveftntly failed to timely sbsa Off the system. L In the early evening hmn of October 17, 1995, another employee of Prostage Farms61= visited the lit, FX•18 (arum site, and observed poin S ofwater in the =pray field. He immediately noUfmd a staff member of DEK and aakad tbat a reprmntatim visit the farm the next day. He also checked tame irrigation W tzm P-7-1996 11:09 FROM TO EHNR FAYETTEUIL P-04 -- SE3' ' 98 16,8 52 BODE CP JL P,4 � VTi,YGi� , v r r September 26, 19%Pap 3_ i L. to court ttt It could scot be activated ibr hn*u E awca*m' Z. MM yaw Pangrnph a to Parsgrapb f. and provide as follows` F. On October 18,� 1995, DEM staff obmrved ea' um pondingofwasmswr in the aforementioned ! swine baty spray field' Your Paiagt apbs �LF. urd P. would tben became Paragraphs 0. and H. S�camd, wo woWd request that Cmeluoutn of iw Number Z.C. be redactwL 71 vd, we waald regsast that the cfvil, penalty amount be reduced to t I,OMOO. We would agree td pay the edomment cost, for a Meta] amount due of S:441Z U Given the facts as we - beHave them to be, we belim that" S a fir c=promiie of this matter. `.Please review tw propoul wM your clients, and let me know your thoughts. i Very tr* yowl BODE, CAis. dt GREEN, L.Y..P. f r 1 i + .` r ! E S, Todd Hemphill ' — 15Z�3/Ci-d75 s �' L t L i e.Y _n_ Prestage Farms, Inc. December 28, 1995 VIA HAND DELIVERY Mr. Kerr T. Stevens, Regional Supervisor N.C. Department of Environment, Health and Natural Resources Fayetteville Regional Office Wachovia Building, Suite 714 Fayetteville, North Carolina 28301-5043 Dear Mr. Stevens: ENV. %PANAGEMENT FAYETTEVILLE REG. OFFICE PIease find enclosed the animal waste management plan and completed certification form for Prestage Farms, PX-18 as per your directive in correspondence from your office dated October 31, 1995. (Note: Per the verbal directive from a representative of your office on December 27, 1995 this plan and certification form is not to be returned by Prestage Farms to the Water Quality Section Operations Branch,) This animal waste management plan explains collection, storage, treatment, and land application processes for PX-18 to ensure that the farm will operate in an environmentally acceptable manner. I have met several times on the farm site with Mr. John Ray of the USDA -Natural Resources Conservation Service in Cumberland County to develop this plan and complete the certification. The following is presented to provide further summary of the situation at PX-18 and the response of Prestage Farms to the conditions outlined in your October 31 correspondence. 1. Discharge was immediately eliminated. 2. On behalf of Prestage Farms, I met with district conservationist John Ray on November 6 at the farm site. We reviewed the waste utilization plan, evaluated immediate needs, and walked over the fields to determine what conservation practices were needed to prevent future problems. He recommended the following: a. land smoothing to eliminate ponding; b. establishment of adequate ground cover; and c. obtaining an operation and maintenance plan for the irrigation system. 3. In our communication to your office dated November 15, 1995, we outlined several actions to be made by Prestage Farms. The following have been completed: a. ryegrass has been drilled in all fields; b. additional land for spray field has been cleared; HIGHWAY 421 SOUTH • P. O. BOX 438 * CLINTON, N. C. 28328 • PHONE (910) 592-5771 i Mr. Kerr T. Stevens Page 2 December 28, 1995 c. additional irrigation system has been installed; and d. an operation and maintenance plan for the irrigation system is currently being developed by an irrigation specialist. In addition, we will follow this plan of action. a. By April 30, 1996 areas that have been cleaned will be established in either temporary cover or permanent vegetation. b. By April 30, 1996 disking and land smoothing of field areas to eliminate pockets that cause ponding will be completed. c. By April 30, 1996 sprigging of coastal bermudagrass in fields #1 and #2 and remaining areas of field #3 will be completed.. d. When irrigation occurs at PX-18, an operator will remain on site to evaluate the irrigation system and spray field to prevent over -application. e. Application records will be maintained by the operator for each irrigation event. Should you need clarification regarding any of the information within this communication or the enclosed plan and certification form, please contact me. Thank you for the cooperation shown by your office as we have worked to respond in a timely and responsible manner regarding this situation. Sincerely, Glenn Clifton Technical Specialist GC:dj Enclosures ANIMAL OPERATION INSPECTION FORM 1. Date of Inspection: October 18 1995 2. Regional Office: Fayetteville, Water Quality Section 3. Name of Owner Of Property: Prestage Farms, Inc./William Prestage Registered Agent: Prestage Farms, Inc./William Prestage 4. Name of Operator: Prestage Farms, Inc. 5. Address: Post Office Box 438 Clinton, NC 28328 6. Phone Number: (910) 592-5771 7. Description of Facility Location, Map excerpt attached. The swine facility is located on SR 2036 approximately 1.6 miles from the Intersection of SR 2036 and US 242 travelling west. 8. Date this facility began operation: July 31, 1993 (based on information provided by Prestage Farms Inc.). 9. Date of last expansion: The facility has not expanded since original construction. 10. Has the facility registered with DEM? YES _X_ NO If yes, date of registration: December 15, 1993. 11. Does the facility have an approved Animal Waste Management Plan? YES X NO Is one required? YES NO _ Date Approved: _,12/261 12. Has this facility received a CAFO Designation? YES _ NO If yes, date issued: 13. Type of Operation: Swine, Farrow to feeder ANDAAL OPERATION INSPECTION FORM Page 2 of 5 14. Number and type of livestock: 1250 Swine 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. Twelve (12) months. 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Grass has been partially established on the designated spray fields. However, there are large areas of the spray field that are totally void of vegetation. Additionally, spray fields were not established in such a way to maximize uptake of waste and there were numerous channels of erosion which indicated past runoff. 17. Type of Waste Management System: Waste system is the standard flushing system of slotted floors over flushing pits. Waste is flushed as needed from floor or pits into waste lagoon prior to spray irrigation. Lagoon water is recycled as flush water. On an "as need" basis, the lagoon is spray irrigated onto designated spray fields. The spray system is a solid set system with stationary risers positioned throughout the spray fields. 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: There are two or three farms in the immediate vicinity. They are approximately one half to three fourths of a mile from the Seaverdam Creek. 19. Proximity of facility to neighboring houses, wells, etc.: The facility is approximately one quarter to one half mile from the nearest home, well, etc. 20. Approximate depth of ground water table in the area of the facility or discharge? Approximate depth is 8-10 feet (as per FARO Groundwater Section estimate). ANIMAL OPERATION INSPECTION FORM Page 3 of 5 21. Proximity of facility to surface waters: Facility (edge of lagoon) is located approximately 100 yards from Beaverdam Creek. 22. Animal waste discharged. Swine Witnesses: Michael D. Moody, DEM WQ Fayetteville Regional Office (910) 486-1541 Clarence Haithcock, Local Resident 23. Are pollutants discharged in the waters of the State? M, If so, how? Runoff from oversaturated spray fields is flowing directly into wetlands area that buffers Beaverdam Creek. Runoff was visually traced by observation at time of runoff by a local resident. 24. Do or have discharges occurred in response to a storm event less severe than the 25- year, hour storm? YES It has been determined that discharges of waste have occurred due to the lack of attention to detail. On more than one occasion there have been instances of over application of waste to the designated spray fields. This over application resulted In massive ponding and the eventual exiting of waste from the spray fields via numerous eroded channels. 25. What is the degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the violation? The discharge has caused the introduction of nutrients into the wetlands area, that can cause or add to the possibility of algal blooms and accelerated eutrophication of the waters of the receiving stream. AIso, samples taken Indicate elevated fecal coliform levels downstream of the facility. AMMAL OPERATION INSPECTION FORM Page 4 of 5 26. What is the duration and gravity of the violation? Based on observations made during the investigation, DEM staff observed discharge that lasted at least over a 24 hour period. A video of the spray area Indicates the evidence of large quantities of waste water runoff. This type of violation exhibits a lack of attention to detail In the proper application of waste. It also indicates a lack In emphasis of the importance of monitoring the application of waste in order to avoid such an incident as this. Such violations not only affect water quality but have implications that proceed beyond the realm of water quality issues and can sway public perception negatively thereby adding stress to an already sensitive issue. LM 27. Water Quality Assessment: Based on the results of samples taken upstream and downstream of the area of interest, and.other Investigation of the site and surrounding area there is minimal impact at this time to waters of the state. There was no evidence of degradation to plant and animal life in Beaverdarn Creek, Class C SW, a tributary to South River, or any signs of algae blooms, dissolved oxygen depletion or other problems that would effect the standards established for acceptable water quality. However, continued violations of this sort can result in adverse effects on water quality. 28. What is the cost of rectifying the damage? The writer observed no areas that cleanup activities would be recommended. Any cleanup would cause adverse impacts to nearby wetlands. There has been no report of downstream impacts outside the area of the Investigation. 29. What Is the amount of money saved by noncompliance? There was no record of money saved by noncompliance. Prestage Farms, Inc., was in the process of preparing the land application site when the violation occurred. However all preparation of land application sites should have been completed prior to any application of waste. All efforts should have been made to achieve this end. 30. Was the violation committed willfully or intentionally?: YES — NO X_ ANIMAL OPERATION INSPECTION FORM Page 5 of 5 Explain: There was no obvious Intent to commit a violation on the part of Prestage Farms, Inc. As stated earlier, this is a case of failure of paying attention to detail. 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority? There have been no compliance violations recorded by this office concerning PX- 1$. 32. What is the cost to the State for the enforcement procedures?: Regional Costs are as follows: Photo, film and developing: $ 6.00 Mileage: 0.20 per mile for 120 miles: 24.00 Fecal Collform Analysis: a 8.00 Michael D. MoodyAO-tours 0 .13.15 /hr. .r52$r40--- koS� Grady Dobson 2 hours 0 26.69 /hr. 53.3$ Paul Rawls 2 hours 0 17.66 /hr. 35.32 Michael Wicker P.E. (Supervisory Review) 2 hours 0 24.48 /hr. 48.96 � Kerr T. Stevens (Supervisory Review) 1 hr. 031.36 �, y Central Office Review 100.00. 33. Type or general nature of business: Swine, Farrow to Feeder 34. What is the violator's degree of cooperation or recalcitrance: Prestage Farms, Inc., has been very cooperative in this entire matter. Mr. Glen Clifton and Ms. Deborah Johnson have been very responsive to any questions that this office has had during this investigation. As required by this office, a certified waste management has been submitted along with additional information concerning proposed corrective actions. 1"age i of ) 38. Recommendations Made to DwneriOperator: At the time of the invcstigatim Take im li• t action lish prgpgr 5prgy field. 2. immediately establish plan to properly apply waste. 39. Recommendations for further DEM Action: - Notice of Violation (Forwarded October 31, 1995) :_.-EnfQrgCTIjg8t Action . aY o mod M15 40. Other Comments: Z 727 219 457 R"grot"Ofor Certified Mail e�t- No Insurance Coverage Provided Do not use for Intarnatlonai Mail Mae Reverse) s!V° GLEN CLIFTON s PO BOX 8 P.O., Stale and ZIP Code CLINTON NC 28328 Postage $ . r� Cartlilsd Fee Spaciei Dimly Fes Restricted Delivery Fee tp9� t7t Return Receipt ShoWing r to Whom 6 Date Delivered Reium Rvoeipi Showing to Whom, Data, and Addgeeesa'e Address TOTAL Postage 0 6 Feel OPostmark of Date C r O a 10-31-95 Dear Mr. Clifton: Tina ronment, t Resources nor I Manager. �EHNR ON OF ENVIRONMENTAL MANAGEMENT October 31, 1995 Subject: Notice of Violation Notice of Intent to Permit Prestage Farms PX-18 Cumberland County Revoke Deemed You are hereby notified that PX-18, which has been deemed permitted to have a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0217, has been found to be in violation of its 2H ..0217 Permit. Pursuant to North Carolina General statute 143-215.1(b)(4)c, 15A NCAC 2H .0213 and 15A NCAC 2H .0217(d). On October 17, 1995, a complainant confirmed by way of video excessive runoff of hog waste from one of your spray fields. This runoff was caused by continuing to apply waste to a saturated field. On October 18, 1995, it was also observed by our office that there was excessive ponding on much of the spray field. Within 60 days from your receipt of this letter, the Fayetteville Regional Office intends to recommend to the Director of the Division of Enviromental Management to revoke PX-18's permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater. Wachovla BUlding, Suite 714, Fayetteville, North Carolina 28M1-5043 ' Telephone 91"86-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer 50%'recycled/ 10% past -consumer paper Mr. Glen Clifton Page 2 October 31, 1995 2. Make any modifications needed to ensure there will be no further discharges. 3. Send in an approved animal waste management plan and have the attached certification form completed. This form and a copy of your plan must be returned to: . Division of Environmental Management Water Quality Section Operations Branch P.O. Sox 29535 Raleigh, NC 27626-0535 Failure to comply with the above conditions will cause the existing wastewater treatment system serving your animal operation to be considered being operated without a permit as required by North Carolina General Statute 143-215.1. Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste to the land in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the soil and Water Conservation District, the USDA Natural Resource Conservation Service, or the North Carolina Cooperative Extension service. If we.have not received the requested animal waste management plan and certification within 60 days of the receipt of this letter or if there are additional discharges to the surface water, a civil penalty of up to $10,000 may be assessed and you must apply for an individual non discharge permit from the Division. This letter does not prevent the Division of Environmental Management from taking enforcement actions for this violation or any past or future violations. Please be advised that the regional office is recommending an enforcement action for this violation. , If you have any further information to provide as to why this action should not be taken please notify the Fayetteville Regional Office within 10 working days of receipt of this letter. .. Mr. Glen Clifton Page 3 October 31, 1995 If you have any questions concerning this matter please do not hesitate to contact either Michael Wicker, Water Duality Regional Supervisor, or Michael Moody of the Fayetteville Regional Office at (910) 486-1541. Sincerely, Kerr T. Stevens Regional Supervisor KTS/MM/zlt Attachments cc: Cumberland County Soil and Water Conservation District Steve Bennett, Regional Coordinator, NC DSWC Compliance/Enforcement File Prestage November 15, 1995 Mr. Kerr T. Stevens, Regional Supervisor North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office Waehovia Building, Suite 714 Fayetteville, North Carolina 28301-5043 P1,1123YED LE Subject: Response to Notice of Violation and Correspondence from the Fayetteville Regional Office dated 10/31/95 regarding Prestage Farms, PX-18, Cumberland County Dear Mr. Stevens: In response to the above communication received by Prestage Farms on November 2, 1995, we would like to formally respond with a recount of the events which led to your determination of a violation occurring at our PX-18. On October 17, 1995, an employee of the land management department of the swine division of Prestage Farms began land application of effluent from the lagoon at PX-18 in Cumberland County. The farm's irrigation system, a recently installed solid set system, had been used minimally on one occasion prior to October 17. In the early evening hours of October 17, another employee, swine division manager Zack McCullen, visited the PX-18 farm site. Under minimal light conditions available at that hour, he observed some ponding of water in a spray field on the farm. The irrigation system was not operating at that time, but Mr. McCullen was concerned that over -application had occurred. As a result, he immediately notified a staff member of your regional office about the situation he observed on PX-18 and asked that a representative visit the farm the next day. He also checked the irrigation system to ensure that it could not be activated for further application. (It is my understanding that your office received a citizen complaint on October 18 regarding the occurrence on PX- 18. Visual evidence recorded on the farm site by this citizen was also submitted.) Mr. Michael Moody of your office visited the farm on the afternoon of the following day, October 18. On behalf of Prestage Farms, I met with Mr. Moody at that time to provide any information or assistance that could aid in his evaluation of the situation. In addition, that same day, I telephoned Mr. John Ray of the USDA -Natural Resources Conservation Service in Cumberland County for an appointment to discuss the farm's waste HIGHWAY 421 SOUTH 9 P. 0, BOX 43B + CLINTON, N. C. 28328 9 PHONE. (910) 592-5771 Mr. Kerr T. Stevens Page 2 November 15, 1995 utilization plan. Prestage Farms also proceeded with an evaluation of the land application process that had occurred on the previous day to determine if over -application resulted from system malfunction, system tampering, or operator error. Prestage Farms concurs with your office that over -application of lagoon effluent did occur on PX-18 as a result of irrigation on October 17, 1995. After much consideration, we have concluded this resulted from an accidental situation caused when the system operator erroneously evaluated the maximum application time for that specific spray field. Prestage Farms did not, and has never, intentionally violated the rules governing water quality for livestock farms in North Carolina. The situation at PX-18 has brought considerable concern to us at Prestage Farms despite the fact that the over -application resulted in minimal environmental impact. Prestage Farms will not allow a situation such as this to continue and we are acting to correct and prevent any further negative occurrences at this farm. Specifically, the following actions have been taken regarding the three conditions you outlined in your recent communication. 1. Discharge was immediately eliminated. As stated earlier, Mr. McCullen ensured that the irrigation system was not in operation when he visited the site on October 17. In addition, no application has occurred on PX-18 since that day. 2. To ensure there will be no further over -application, I met with district conservationist John Ray on Monday, November 6 at the farm site. We reviewed the waste utilization plan, and walked over the fields to see if other best management practices are needed to prevent future problems. He recommended the following; a. land smoothing to eliminate ponding; b. establishment of adequate ground cover, and c. obtaining an operation and maintenance plan for the irrigation system. As a result of my consultation with Mr. Ray, Prestage Farms has formulated the following plan of action. a. Drill ryegrass in all fields to establish adequate winter cover before December 1, weather permitting: (Ryegrass was broadcast on all fields in October 1995 and a few days later heavy rains prevented a uniform stand from being achieved.) b. Before April 30, 1996 disk and land smooth areas of fields to eliminate pockets that cause ponding. c. Before April 30, 1996 sprig coastal bermudagrass in fields #1 and #2 and sprig areas in field #3 that do not have adequate cover. (Coastal bermudagrass is being estab- lished in field #3. Fields #1 and #2 were cleared this summer to be sprigged in spring of 1996.) Mr. Kerr T. Stevens Page 3 November 15, 1995 d. The irrigation system is currently being reevaluated in regard to spray area, nozzle size, spacing, pipe size, spray zones, and application rates for incorporation in a detailed irrigation operation and maintenance plan. e. When further irrigation is required on PX-18, an operator will remain on site to evalu- ate the system and spray fields to prevent over -application. Adequate application records will also be maintained by the operator after each irrigation event. 3. When the above mentioned irrigation system reevaluation is completed, I will meet with Mr. Ray to complete the requested animal waste management plan and certification. I an- ticipate completion of this plan and certification process by mid -December, well before the deadline of 60 days set forth by your office. While we understand that you have recommended enforcement action for the occurrence on PX- 18, we request that you .take the following in consideration. 1. A representative from Prestage Farms made immediate contact with one of your rep- resentatives when the situation was discovered and requested a DEM evaluation. 2. Before receiving any notice of violation from your office, Prestage Farms took action to evaluate the reason for the occurrence, and began procedures to eliminate any further problems. 3. Prestage Farms has established a plan of action to comply in entirety with the conditions as set forth by your office and has acted in a manner of cooperation and timeliness in its efforts. 4. The environmental record of Prestage Farms indicates responsible management practices by our organization. No previous violations have occurred on farms operated by Prestage Farms. 5. While Prestage Farms considers any environmental violation serious, the accidental occurrence on PX-18 led to minimal environmental impact. Should you need any clarification of the information contained in this communication please do not hesitate to call me at 910-592-5771. Thank you for your consideration and cooperation. Sincerely, c4iiG-► Glenn Clifton Technical Specialist GC:dj 1 Encl. CtIMIOCLLAD Cc, 71 315 ,CALE C SR-.2o3b m I I _ (d ro 0 q.5 f Noy;. ,. ..:.r State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director CERTMD MAIL RETURN RECEIPT RWUESTED William Prestage Prestage Farms Inc. P. 0. Box 438 Clinton, North Carolina Dear Mr. Prestage: A 4 �EHNR May' 16, 1996 'Vl/ A!A1l►AC3FA4FNT AYt;TTEV..' L 28328 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215(e) Cumberland County File No. DD 96-04 This letter transmits notice of a civil penalty assessed against Prestage Farms Inc. in the amount of $2,412.22 including $412.22 in investigative costs. Attached is a'copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation 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, Health, 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. Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B- 282, 1 (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve W. Tedder Water Quality Section Chief/DEM P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the: Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 and Mail or hand -deliver a Copy of the petition to: Mr. Richard Whisnant Office of General Counsel NCDEHNR Post Office Box 27687 Raleigh, NC 27611 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Shannon Langley at (919) 733-5083, extension 581. Sincerely, 0-.06 - ! K46AZe ,;,,,A.Preston Howard, Jr., P.E. ATTACHMENTS cc; qF.ayetfeville~Regional:Supetyisdr-w/-�ttachmentg�, Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/attachments STATE OF NORTH CAROLLNA ENVIROt"Q ENTAL NLANAGEMENT COMMISSION COUNTY OF IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE'HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. Having been assessed civil penalties totalling for violation(s) as set forth in the assessment document of the Director of the Division of Environmental Management dated, , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the I day of , 19� BY ADDRESS TELEPHONE STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND IN THE MATTER OF PRESTAGE FARMS INC. FOR VIOLATIONS OF PERMIT 15A NCAC 211.0217 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. DD 96-04 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the following: I. FINDINGS OF FACT: A. Prestage Farms Inc., is a corporation organized and existing under the laws of the State of North Carolina. B . Prestage Farms Inc. operates a concentrated swine operation in Cumberland County known as PX-18. C. Prestage Farms Inc./PX-18 was deemed permitted as a nondischarge facility on February 1, 1993 in accordance with 15A NCAC 2H .Q217. D. On October 18, 1995 DEM staff observed a discharge of wastewater from the aforementioned swine facility's spray field to Beaverdam Creek, which are Class C- Swamp waters of the State within the Cape Fear River Basin. E. Prestage Farms Inc. had no valid permit for the above described activity. F. The cost to the State of the enforcement procedures in this matter totaled $412.22. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Prestage Farms Inc. is a "person", within the meaning of G.S. 143-215.6A pursuant to G.S. I43-212(4). B . A permit for this animal waste management system is required in accordance with 15A NCAC 2H .D217 and G.S. 143-215.L C. Beaverdam Creek constitutes waters of the State within the meaning of G.S. 143- 215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge is a violation of the nondischarge permit. E. Prestage Farms Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than 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. r~ . The State's enforcement costs in this matter may be assessed against Prestage Farms Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G . The Director, Division of Environmental Management, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: 111. DECISION: Accordingly, Prestage Farms Inc. is hereby assessed a civil penalty of: $ c?Q'71i7J • 6 0 for discharging waste to the waters of the State in violation of 15A NCAC 214.0217. $ C� Q'�1} ' d a TOTAL CIVIL PENALTY, which is c;- o percent of the maximum penalty authorized by G.S. 143-215.6A. $ 412.22 Enforcement costs $ oZ y 1?.12- 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 Environrimental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. ,S-iS-9G -1-4j' kkAvc;A1 (Date) '13A A. Preston Howard, Jr., P.E., Director Division of Environmental Management I% DIVISION OF ENVIRONMENTAL MANAGEMENT Fayetteville Regional Office . ,January 5, 1995 �Ralu .E�i i��� TO: Steve Tedder, Section Chief Water Quality Section FROM: Kerr T. Stevens, Regional Supervisor Fayetteville Regional Office SUBJECT: Recommendation for Enforcement Unpermitted Discharge of Swine Waste Prestage Farms (PX-18) SR 2036 Beaverdam, NC 28119 Cumberland County Find attached a fast track enforcement package pertaining to the discharge of animal waste from the subject swine facility. The attached inspection form will detail the basis for the action as well as serving as a list of assessment factors. If you have questions or comments, please advise. /mm Attachment STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CUMBERLAND File No. DD IN THE MATTER OF ) WILLIAM PRESTAGE ) PRESTAGE FARMS (PX-18) ) 1 FINDINGS AND DECISION FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF 15A NCAC 2H.0220 ) CIVIL PENALTIES } } Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the following: I. FINDINGS OF FACT: A. Prestage Farms, Inc., is a corporation organized and existing under the laws of the State of North Carolina. B. Prestage Farms, Inc., operates a concentrated animal operation in Cumberland County. C. PX-18 /Prestage Farms, Inc., was deemed permitted on February 1, 1993, in accordance with 15A NCAC 2H.0217(c). D. On October 18, 1995, DEM staff observed a discharge of wastewater to Beaverdam Creek, Class C SW, a tributary to the South River by PX-18 Farm that was created by the over application of waste. E. Rrestage Farms, Inc., had no valid permit for the above described activity. F. The cost to the State of the enforcement procedures in this matter totalled $833.02. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. William Prestage/Prestage Farms, Inc., 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(a). C. Beaverdam Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), which is a violation of the non discharge permit. E. William Prestage/Prestage Farms. Inc., may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(1), which provides that a civil penalty of not more than ten thousand dollars per violation may be assessed against a person who violates any classification, standard, limitation, or management practice established pursuant to G.S. 143-215.1. OR 143- 215.6A(a)(2) for failing to act in accordance with the terms, conditions or requirement of a permit. F. The State's enforcement costs in this matter may be assessed against William Prestage/Prestage Farms, Inc., pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: DECISION: Accordingly, William Prestage/Prestage Farms, Inc., is hereby assessed a civil penalty of: $ for discharging wastes to the waters of the State which Is a violation of 15A NCAC 2H.0202 and NCGS 143.215.1W. $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ $833.02 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) A. Preston Howard, Jr., P.E., Director Division of Environmental Management �-- State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan S. Howes, Secretary A. Preston Howard, Jr., P.E., Director June 24, 1996 MS DEAN COLEY 1crfn s- zy CHIEF HEARINGS CLERK OFFICE OF ADMINISTRATIVE HEARINGS JUN 26 POST OFFICE DRAWER 27447 RALEIGH NC 27611-7447 ENV, MANAOEMENT FAYETTEVILLE REG. OFFICE RE: Civil Penalty Assessments Against Various Assessed Entities Dear Ms. Coley: Would you please search your records and determine if any of the individuals and/or entities listed below have filed a Petition for a Contested Case Hearing on or before the applicable specified date? 401 Inc., Algie Stevens Prestage Farms (PX 18) Franklin DD 96-19 Cumberland `DD 96.04 June 16, 1996 June 20, 1996 If no petitions were filed by the specified date, please ask Judge Mann to execute the attached certifications and return them to my attention at the address below: Robert L. Sledge Water Quality Section Compliance Group Division of Environmental Management P. O. Box 29535 Raleigh, NC 27626-0535 P.O. Box 29535, Raleigh, Notch Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper ENFORCEMENT NUH I H UAHULI NA Department of Environmental QuA MIMAM F. EASL" A'rrORNEY GENERAL State of North Carolina Department of Justice P. D. BOX 629 Reply to: RALEIGH 27602-0629 December 9, 1996 Mr. S. Todd Hemphill Bode, Call & Green, L.L.P. Post Office Box 6338 Raleigh, North Carolina 27628-6338 RE: Payment of Civil Penalty Prestage Farms, Inc. Cumberland County, DD 96-004/96 EHR 0724 Dear Todd: ` DEC 13 SOB ENV. MANAGEMENT FAYETTEVILLE REG. OFFICE Jill B. Hickey. Environmental Division Telephone: (919) 733.7247 FAX: (919) 733-0791 This letter will acknowledge receipt of Prestage Farms, Inc.'s check number 124537, in the amount of S2,412.22, and received November 25, 1996. This payment satisfies in full the civil assessment levied upon Prestage Farms, Inc. by the Department of Environment, Health, and Natural Resources. I am closing my file on this matter. If you have any further questions concerting this case, please contact me. Very truly yours, ill . Hickey sistant Attorney General JBHIna cc: Bob Sledge Tommy Stevens ep:14355 ;9EP-27-1996 11:06 FROM TO EHNR FRYETTEUIL P.01 MICHAEL F. EASLEY ATTORNEY GE`$RAL TO: Z115 s ; Srate of worth Carolina -SE Derrmenc of JusriCe P. o. Box m9 F.-kLEIGH FAYEITEVILLE REG, OFFICE 2 i602•0029 Phone: (91.9) 733-5725 (91.9 ) 733-`r 241 Fax: (9 19) 733-0791 � TELECOP IER TRANSMITTAL SHEET T Rfl FAX Y[J1�� EFc _ r r F ROIL : DATE. NMI A - BER OF P=i ( ZNCLUDING VUl"NSXITTAL SHEET)OOINFIRM RECE. T OF DOCUYKEN T' (5 : _? MARFGED ERE: COMW rS : t P 27 �995 EMI. MANAGEMENT' ISEP-27-1996 11:08 FROM TO EHNR FAYETTEVIL P.02 StP �6 '% 16r51 BODE CALL a QM4 P.2 Ax2oulans Aw fAW a�ason►.vsarrss�a j .. A* a tvax" "NOIA96 sans mmor 7 a*" Ahm as 022W Atom p iiAB= �PQ .aDD�s a low u. ava�r o ar"oac saw ZWANA ava If �..� ow 7�pATR C lfA ;- - September 26, 2996 f via Facsimile and U.S. MW J;v s. H"q .. Assista•ni attorn�i Qetu3ral � . Noah t mum Dopartmam of Justice Post Office Bon 629 Raleigh. North C arollea 216M-OW PX.- 96 EHR 0724 ' s Dear JUL i Follnv&g up oa eta conversatfom and yours with my secretary, Joa=4 I have conveyed to Jim Canner the Poling dates on which all parties can be aysilable for mediation: October 14 and 17,199& I advised bis secretary that we would prrefer the mediation to be hold in Raleigh, but would discuss, the sped& location with you. However, as we wed, it seems to make more sense for us to engage in same settkmortt Negotiations otn�sW4 in order to avoid the costs of medbW m. I have had the sham to discuss this case ia some more detag with our client, and warned to share with you their thoughts, as well as a prop me, to resolve the case. : As with many civil, penalty cases, our client's main complaint with the Fmdmp upon which the " penalty was based relates as much to the description of the Findings, as it does to the a=uW cif the penalty. Based upon dbcuuk= with our client, we bclieve the Mowing to be the relaymt facts in the case: Qu Octob4ir 17,' 1995, a Prestage Farms employee was applft effiuent from the lagoon onto the spray gelds, and inadvarmatly left the spray briptlon equipment on longer than he should have. In the only evening bourn on that day, another employee, Swine Division Manage Zack McCullen, observed same pondh4 of effluent on the spray field. He contacted your client's regional, office ibat day, and admd a representarfve to visit the fa= the next day. bSEP-27-1996 11:09 FROM TO EHNR FAYETTEUIL P.03 .. SEP 26 '96 16e51 BODE CALL & CREM p 3 1 Ilu B. Hickey - AsaWWn Attorneys General ' September 26,1940 ' page?, b9chul Moody of your cil=I's office vWted the farm fa the afternoon on the following clay, and 'as is set forth fn your client's October 31,1995 latter to Frestage Farms, observed "that there we* eawcWvn pondb4 on much of the spray t3eld." Contmmy to the statement in your client's F' ftp,of May 15,19%, Mr. Moody did not observe a dbdwge of wastewater to Beaverdam Crack 04 that day. hestap Farms immediately rcaponded to your chent's concerns regarding this matter, and we bchr4 YM client would agm that they have appropriately alleviated the problem and taken measures to assure it does not reoccur. i BavA upon the above, we beNeve your client's May 15,1996 Findings are incomxa in the k "owing. repr&: - I . : 1 ? no Findiags to to itacate that Protege Farms reported the event to DEHNR an Octotm 17, 1995; ad . 2. DEW staff did rat observe a discl,a p of wastewater from the spray field to Beaverdam Creek on October 18, 1M. Bocause the Agency i$ bound- by the parameters of its Findinp, we believe that the Fps; as dmad, do not supper the pity fmposed, Nevertheless, our client is more concerned aboutcorrecting the Ffn(Up to reflect the above facts, We would be willing to therefore settle the case, along the following lima. First, we would requ at that the Fkftp of Fact be ameauled as follows: Add Fiudinp of Fact I.D. and E. as follows: D. Dn October 17, 1995, an emplayae of Prstage Farms, lnr. began land application of elfine t from the lagoon at PX-18 in Limb Arland County. He ' advatwu* failed to timely shut off the system. L 1n the early evening bon s of October 17, 1995, - another employee of Prestage Fauna, Im visited the t PX-18 farm site, and observed poading of water in the ' T spray field. He immediately noU&W a staff member of DEM, and asked that a repre+aentative visit the Wm the mo day. He also checked the irrigation system ,SEP-27-1996 11:09 FROM TO EHNR FAYETTEUIL P.04 5W J6 '96 16t52 BODE C1.L f P.4 Jill &8�� i' meth September 26,1996 S Pop 3 it to en9ure that it could not be activated for fiutba E aPPbcatfozl. 2. Maya your Paragraph a to Pasegrapb'F. and prm ide as follows: F. On October ��18; M, DEM staff observed excessive pondi•ag o%ter in rho aforementioned R swine Witty spray field. Yo Paisgrs �IJ& and F. would then bcc =e Paragraphs 0. and K Seaaud, w$ would request that Conclusion of Law N=ber Z.0 be redaaa 'Bird, we would roqueat that the dvd penalty amount be reduced to $1,000AQ. We would agree to pay the eafmrement cbt, for a toW amount due of $1,41Z.Z2. Given the facts as we believe, thom to be, we believe %bat tirsis Is a tair c=Prom Jse of this matter. Please review this proposal with your clients, and let me know your thoughts.. } very truly yours, SORE, CAM dt GRE.EN, L.LP. S. Todd Hemph ll S'!'kVXjCl-4759 f , , 1 I � r i TOTAL P,04 61 0 DIVISION OF ENVIRONMENTAL MANAGEMENT Fayetteville Regional Office January 5, 1995 ,,i ,� • c :.ir „1 TO: Steve Tedder, Section Chief Water Quality Section FROM: Kerr T. Stevens, Regional Supervisor Fayetteville Regional Office SUBJECT: Recommendation for Enforcement Unpermitted Discharge of Swine Waste Prestage Farms, (PX-18) SR 2036 Beaverdam, NC 28119 Cumberland County Find attached a fast track enforcement package pertaining to the discharge of animal waste from the subject swine facility. The attached inspection form will detail the basis for the action as well as serving as a list of assessment factors. If you have questions or comments, please advise. /mm Attachment • . STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CUMBERLAND IN THE MATTER OF WILLIAM PRESTAGE PRESTAGE FARMS (PX-18) FOR VIOLATIONS OF PERMIT 15A NCAC 2H.0220 um File No. DD FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, 1, A. Preston Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the following: I. FINDINGS OF FACT: A. Prestage Farms, Inc., is a corporation organized and existing under the laws of the State of North Carolina. B. Prestage Farms, Inc., operates a concentrated animal operation in Cumberland County. C. PX-18 /Prestage Farms, Inc., was deemed permitted on February 1, 1993, in accordance with 15A NCAC 2H.0217(c). D. On October 18, 1995, DEM staff observed a discharge of wastewater to Bear bidam Creek, Class C SW, a tributary.ta theSouth River by PX-18 Farm that was created by the over application of waste.:a E. Prestage Farms, Inc., had no valid permit for the above described activity. F. The cost to the State of the enforcement procedures in this matter totalled $833.02. II. Based upon the above Findings of Fact, I make the following: Q_0_NCLjjSIONS OF LAW: A. William Prestage/Prestage Farms, Inc., 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 I5A NCAC 2H.0217(a). C. Beaverdam Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), which is a violation of the non discharge permit. E. William Prestage/Prestage Farms. Inc., may be assessed civil penalties In this matter pursuant to G.S. 143-215.6A(a)(1), which provides that a civil penalty of not more than ten thousand dollars per violation may be assessed against a person who violates any classification, standard, limitation, or management practice established pursuant to G.S. 143-215.1. OR 143- 215.6A(a)(2) for failing to act in accordance with the terms, conditions or requirement of a permit. F. The State's enforcement costs in this matter may be assessed against William Prestage/Prestage Farms, Inc., pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties In this matter. .. ;-F MIT Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, William Prestage/Prestage Farms, Inc., is hereby assessed a civil penalty of: $ for discharging wastes to the waters of the State which Is a violation of 15A NCAC 2H.4242 and NCGS 143.215.1(d). $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ $833.02 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of' the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) A. Preston Howard, Jr., P.E., Director Division of Environmental Management w:-...«.. „.�a •`w, •yr ,i�� DiY al.��. +'✓;i'` s�i',: '{y-^,�A+.:"' .'S'd`f:.-:Y" ;�-"�:r��. STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF ***** IN THE MATTER OF VIOLATOR/COMPANY FOR A VIOLATION OF G.S. 143-215.1(a)(1) MAKING AN OUTLET INTO WATERS OF THE STATE File No. CD FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, 1, A. Preston Howard, Jr., Director of the Division of Environmental Management (DEM), make the following: A. [Reserved for legal corporations, partnerships, governmental agencies, etc.] **** is a **** organized and existing under the laws of the State of North Carolina and operates a(n) janimal}ppoultry( feeding operation located at *******, in ***** County, North Carolina X . A. [Reserved for individual ownership.] ***** is the manager of a(n) (animal}(poultry) feeding operation located at *******, in ***** County, North Carolina B. On *****, DEM staff observed a discharge of wastewater from an animal waste (lagoon, land application system, etc. } entering **** and flowing into *****, a tributary of the ***** River in the **** River Basin. C. In a letter dated ***, the Director, Division of Environmental Management (DEM), notified **** by certified mail that said {animal}(poultry } operation had been designated a "Concentrated Animal Feedlot Operation" (CAFO) in accordance with 15A NCAC 2H. 0122 and 40 CFR 122.23. D. The Director's letter stated that as a result of the CAFO designation, all discharges of animal waste to waters of the State must be permanently eliminated within 60 days or an application for a National Pollution Discharge Elimination System (NPDES) permit must he submitted. E. The Director's letter also stated that the CAFO designation could he contested by filing a petition for an administrative hearing in the Office of Administrative Hearings (OAH) within 30 days of receipt of the designation letter. F. **** neither applied for an NPDES permit nor petitioned for an administrative hearing to contest the CAFO designation. G. On ****, 1992, personnel from DEM's *** Regional Office inspected the (animal) (poultry) operation and observed waste from a lagoon entering an outlet and flowing into ***, a tributary of the *** River in the *** River Basin. H. The waters of *** are classified as Class *** waters of the State. 1. JOPTIONAq On ***, 1992, the DEM Regional Supervisor sent *** a Notice of Violation stating that discharging animal waste without a permit was a violation of G.S. 143-215.1. The Notice ordered the immediate elimination of all discharges and stated that an enforcement action was being prepared against the operation. The costs to the State of the enforcement procedures in this matter totalled Based upon the above Findings of Fact, I make the following: I7►N*T11;�►`� A ***** is a "person" within the meaning of G.S.143-215.6A and G.S. 143- 212(4). B. ***** constitutes waters of the State within the meaning of G.S. 143- 215.1(a)(1) and G.S. 143-212(6). C. ***'s { animal }(poultry) operation, a properly designated CAFO, was required to obtain an NPDES permit prior to discharging animal wastes into waters of the State. D. ***'s discharge of animal waste into waters of the State without a permit on or about *** was a violation of G.S. 143-215.1(a)(1). E. A civil penalty of up to $10,000.00 per day per violation may be assessed pursuant to G.S. 143-215.6A(b). F. The State's enforcement costs in this matter may be assessed against **** pursuant to G.S. 143-215,3(a)(9) and G.S. 143B-282.1(b)(8). G. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: 111. DECISION: Accordingly, ***** is hereby assessed a civil penalty of: $ for making an outlet into the waters of the State in violation of G.S. 143-215.1(a)(1). $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ Enforcement costs. A WA& Uwoil As required by G.S. 143-215.6A(c), in determining the amount of the penalty i have considered the factors listed in G.S. 143B-282. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) A. Preston Howard, Jr., P.E., Director Division of Environmental Management TYPE: Violator: Address: Regional Office: DIVISION OF ENVIRONMENTAL MANAGEMENT ENFORCEMENT CASE ASSESSMENT FACTORS (CD) CAFO - Discharge after Designation Registered Agent: (if applicable) Address: (if applicable) 1. The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation: 2. The duration and gravity of the violation: 3. The effect on ground or surface water quantity or quality or on air quality: 4. The cost of rectifying the damage: 5. The amount of money saved by noncompliance: 6. Whether the violation was committed willfully or intentionally: 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: 8. The cost to the State of the enforcement procedures: 9. Type of violator and general nature of business: 10. Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance: 11. Mitigating Circumstances: 12. Assessment Factors: a) iWC b) Receiving Stream c) Damage YIN if yes, include report from WRC 2/94 DIVISION OFF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DMI) PRIORITY SAMPLE TYPE 1B4SIN (dB1ENT � STREAM � TO: A130 FR 14 HBO WaRO WIRO WSRO TS QA EFFLUENT AT BM k-OMMIANCE CHAIN EILAK£ ❑ INFIA)EK fl Oct... ��'''``�� OF CUSTODY1�XNERGEKCY Q ESTUARY Stipp ed by: Bus ovrles t f Other COLLECT01445k tY Estimated B013 Range: 0-5/5-25/25-65f40-130 or 100 plus 0 1— Q LL cl- � 3 U� En (T+ 1 I i� 11i Sasd: Yes ❑ Na0 Chladneled: Yes ❑ No IJ PION LOCATION: REMARKS: Far Loh V— ANi1 V Lab Number - Dale Recely d Tlrae Rec'd bir-rIAR&I I From: Rus rl and Deg DATA ENTRY BY: CK: DATE REPORTED: 1AC- AvE��Aw1 (Dow Station :j!)aj4e Begin f Pvf"-n/dd} Time Begin I Date End Time End Depth DM DB DW4 !value Type Composite Sample Type S �a! Roo Il A 1-1L T S s C G GIVXX 1 BOlas 310 tag/l Chloride 940 mg/1 2 COI] High 340 a:g/I Chi a: Tri 32217 ug/1 + COD Lour 335 rn9/1 Chi a: Corr 32209 aA'1 4 Collfornu: MF fecal 31616 ,wyti/100m1 Pheuphytitr a 32218 uylfl C611forrn: MF Total 31504 /100m1 Color: True 80 Pt -Co i 6 Culilorm: Tube Fecal 31616 /100eaf Color:(pl-i ) 83 ADMI j ? Coilloem: Fecal Strep 31673 /140ra; }tesldar: Total SOII to � Volatile SIiS t+rgf{ j � Cefat-• pH 7.6 02 A—DMII g Cyartkde 720 mg/l FJuorMe CI61 mg/I 9 1 1i Fixed 510 mglt Residue: Suspended 530 mg/r i Fewmaidehyde 7ISOC mg/l Grease and O116 $56 mSA 12 13 14 1 rJ Volosile 335 Milli i Hardness TVA&I 9K mg/I i Fixed 540 i J mg/1 Of 403 unite ; Specilk Cond. 95� t 14har/cm2! m MIKS 38260� mgfl f 3 Aeldity to pH 4.5 436 rng/l , Acidity: tD pH 0.3 4315 mg/i - Phenols 32730 ug/1 1Iy Sulfate 94.9 nMfn i 17 AlMalloity to pH 9.3 415 mgfl Sulfide 745 mg/l 18 Alkalinity to pH 4.5 410 mg/1 I 19 TOC 680 Mon i ,2� Turbi [fly 76 NTU 1 NH3 as K 610 mg/I TXN as N 625 mvA W02 plus NOS as K 63C mg/1 P. Total as P 665 m%FA PO4 as P 70S47 11g/1 P: Dk solved as P 6E6 rng/I Cd- admlam 1027 USA Cr-ChrorakewTotal1034 u9A CW40apper 1042 Irg/l Ntfilickd 1067 USA Pb-LaaB 1051 UVA za-Zlnt 1092 u011 A ifrcr 1077 USA A1-Alnadnura 1105 WWI Jde-Deryllium 1012 v¢fi Ca -Calcium 916 moll Co -Cobalt 1037 Owl Fe -Iron 10" uflil Lt-Lithium 1132 ugA A1944alteeblim 4Y7 ro9/1 j floss PIn-!Manganese loss usif� utyl N"odkuat 929 ,ri Arsenic -Toad 1002 e9ll 5e•Selenlum 1147 dig-1�Serewy 71400 us l erc�r i . Organochlvdne Pesllckdra Orccplrrrur Peaticfde6 Acid Heebleldea I Illoee/ Neutral Extracs4t0v tlrnor.l:s I f I V069eable CUSar--ics {VOA tut :e re$ dl I I I ftw— I �Sewpling Point % Conductance at 2.5 C WaLer Temperature 0 D.O. ragA pH —--AB:allnJty I Acidlty 8.3 A1T Temperature 3 1 i pkf PH 4.5 ; PH 4.5 pH 8.3 12 94 IC' SOp �.�' 'loud Cover X 40R 2r 1022" 431 I3Z243 192242 20 { Salinity X Preclpltios Oofdair)J %%0d DkYet-o kC g,r ,%:ream l lcw &M-PMy TnrhkdCtg Sevrell-v I W r-e Velocity Wti n Stream Depoh fl. Sneam t:.'kdth h. i 490 45 132 136 }1354 13s0 135 64 = rKWAy Ah,..af _ 4 DMI/Retrised 14186 — STATEOF NORTHCAROLINA COUNTYOF ***** IN THEMATTEROF VIOLATOR/COMPANY FOR VIOLATIONDF PERMIT 15A NCAC 2H. 0200 Attachment 13 NORTHCAROLINA ENVIRONMENTAMANAGEMENUOMMISSI ON File No. DD FINDINGSAND DECISION AND ASSESSMEN'IOF CIVILPENALTIES Acting pursuant to North Carolina General Statute (G.S.)143-215.6A, I, A. Preston Howard, Jr., P.E., Director of the Division of Environmental Management (DEM)Pake the following: 1. FINDINGSOF FACT. A. [OPTIONAL- reserved for legal corporations, partnerships, governmental agencies, etc., do not use for an individual] *****is a *****organized and existing under the laws of the State of North Carolina. B. ***** operates a *****animal operation in *****County. C. ***** was deemed permitted on *****in accordance with 15A NCAC 2H .0217(c). D. On *****, DEMstaff observed a discharge of wastewater by *****from (location) to - * ****, which are Class *****Waters. E. ***** had no valid permit for the above described activity. F. The cost to the State of the enforcement procedures in this matter totaled '0 Based upon the above Findings of Fact, I make the following: 11. CONCLUSIONSH LAW: = A. *****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(a). B.. *****constitutes .waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.l(a)(1),which is a violation of the non discharge permit. D. *****may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(1), which provides that a civil penalty of not more than ten thousand dollars per violation may be assessed against a person who violates any classification, standard, limitation, or management practice established pursuant to G.S. 143-215.1. OR 143-215.6A(a)(2)for failing to act in accordance with the terms, conditions or requirement of a permit. E. The State's enforcement costs in this matter may be assessed against ****** pursuan t to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: MMERM010 Accordingly, *****—is hereby assessed a civil penalty of: for discharging wastes to the waters of the State which is a violation of 15A NCAC 2H .0202 and NCGS 143.215.1(d).. TOTALCIVILPENALTYy,which -iss percent of the maximum penalty authorized by G.K 1412.15.6A. Attachment 10 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management .fames B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director i,l t l ! il' •fi i',4; � .,,r^ i• ..'tfr :�li 1 i�.ta6 !F .. ..{h t rY I. 1 , { is fy , i• •1a. r1 f'?t_ rrJ ,i. '4:r r. !)AI. .0 jlf r it ... ':! •j, i. , � ;:rift r 4• "� � tt�... ,iif•r :Fti, fir1� ..ill .`". {!.!:.r• i.• r �. •.., 1 `: fi' ii ?!ri =Tfi' , ..i�� • trSr 1' I.i t.•Jti yi •,;}.�: 'si !. , :1t, ,r ,'r,< .'.r'+: �'?: f ��'t - .•ri 1[S ilJl . .,F�'Yr4 a r �.J J,J ". i'+.f �•, • •jh:}� r ,'r: i"�'f.t �;,. r'i. i{S •1, t.,,l(} 'li:.;F �h ir .i F'r. .. ll�tiSi.?iia Vci i� )i<0' t .1 • i. :Tt !Slit. [... it•J.i'f.{1•/. :y �a .+t. -t+" +l`('..'I:t'ftlt �: {�: 7r t''�:r';'1. "i *":4i ffil - � f. : ±.i f:r4}.r it't. '� - .'1�` •4:i•.%'.+ ! ilnt, idii t,sF:�„#i:ppFri •, ,r' .' Ei? [,, t i.rrIS,i':il� s f N'i5., f•,i r �1 :J" . t; i, ri` c,i k! it bill f .,'', }fi'J ;t' �f: f .,tt1y t ir, '! :f .•Jr:.i!, '..+!'r� +'1Y,'1i a. J.5 .r 3 ',ii�SFY e;lte� !. 'i4.. :f?' •it ��' r;."I'•. .its i'' J!e `. .'St., IJi . P.O. Box29535, Ra]eigh,North Carolina27b25=0535 Tel ephon(919-733-5083F 919-733-9919 An EqualOpportunityAffirWta y,94�,4 .n� p�plgyer � It 50 recycled 110 % post7consumeipaper , : a, ri• $ Enforcement costs $ TOTALAMOUN'IDUE 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'•pnvate property., "resulting=from the 'violation; Tfie' duration and gravity of'theY violation; (3)'" ' The'effecf'oi�`ground or sdrfaee water quantitj+"or quality ,or`'on'air-quality; (4)`' :Tfie cost'of rectifying" the damage; (5)' ` The itmount`ofl moncy'saved'by noncorimpliance;' (6)•Whetlierthe,"violation�was'coiii�iitted willfully or`intentionallj+ (7) The prior.record of the violator in complying or failing to comply with programs'aver which the'Environi6e' fiUlMa�iagement'Gomihission` has +regulatory auth ociiy;'�and :;.i' • Yt�, , r - „` "(8) `Thre cost to'the State'of'the°e'iforc�ineiit-•pcocedu'res.` >' -. ! J,Y 1 e.a, .J . „(f +t .�is',i' f`.. ':1' a, j 1< •(�;? - JM - •:r .i,{ ,.i. r r . 7, r J'.'Y� �'�IEYI���_.�Y��l::�i:,�:i/'.l�lifl.11rt:J.��?�.� .. '1'_. A"Prestoii"Howa'r`d Jr.,I P.E.; Directdf%' Division of Environmental Management = ` r 1. r'.�•,-, �,Yt•Y; :,ra 1 , S/ ..J �'Y �'.II � :r�i` n , J.1-. �)i r •I j'•i 1 . ((�i ., iY - .1.1 ti' 1; ?a 1? ;ilY•1 � ! �' .1' .In . � ,.,, �.il °i T•".g. - ! a •i,.{, ii r � R- - J. 5're44�' rl''. ,., .�` _ . + 1 • "r Attachment 10 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretaryj ij (YFA UON, A,.1A 1(.)'1' A. Preston Howard, Jr., P.E., Director .. . .�! '!: ' d� .r:' •,r, li _.I. -11 i.: !'J: !r i..: I.f`., •i /:i .girl .� „ Your apgoved,animal waste 7management.plan ;must,exp,lain, chow you will collect, store, treat and land apply,your;animal waste; to�therIandlin an -environmentally acceptable, manner. To assist 1youin the development of}this.pIan.3and)to proye the required certification that the plan is acceptable, .you si 6d d contact ;your local, agricultural agencies such as,•the,Soil,and Water Conservation Disth t,,ithe USDASoil Conservation,Serlvice, , or the .North Carolina Cnciperative Extension; Seivtce. { ,at}FI jr,1eF'l.l err _,?(if.,,'';P<11r1'li•" :� ,I � ,! r{t)ii :i ...';.P..•. r; .� ,. I'� � . .. �' If welhave, not received the requested,certification, within,}60,days of receipt -of this letter or if there are additional discharges to.the surface water,lla, civil penalty of up to $10,000 may be, assesseci{anti your. may 3be�required to apply for an, individual non discharge permit from the Division. This permit , �f issued, will contain monitoring and reporting requirements determined to be necessary by the Division. If you have any questions concerning this matter please do not hesitate to contact either , Water Quality Regional Supervisor for our at (#, # #}-# # #-#,# #ofDianne Williams Wilburn at (919)�733-5083, ext. 233. Sincerely, First Name Last Name Regional Supervisor cc:Regional Water Quality Supervisor Name - County Soil and Water Conservation District Name - County Health Department Regional Person's Name - NC Division of Soil and Water Conservation Planning Branch Operations Branch P.O. Box29535, Raleigh,NorthCarolina27626-0535 Telephont9l9-733-508M 919-733-9919 An EqualOpportunityAffirmativeAction Employer 50%recycled/10% post-consumeipaper AT�KTA 4e sit) F=1 DIVISION OF ENVIRONMENTAL MANAGEMENT Water Quality Section fu i au' to] X:16�i.�1i�►'� DATE : March 17, 1995 TO : Steve Tedder, Section Chief Water Quality Section FROM : Ken T. Stevens, Regional Supervisor Fayetteville Regional Office SUBJECT : Recommendation for Enforcement Unpermitted Discharge of Swine Waste C.E.R., Inc. (Ronald Hutchinson Swine Farm) Hwy 87, Elizabethtown Bladen County Find attached a fast track enforcement package pertaining to the discharge of animal waste from the subject swine facility. The attached inspection form will detail the basis for the action as well as serving as a list of assessment factors. Also attached is a letter for the Director's signature recommending revocation of the "Deemed Permitted" status for the facility. The notice requires submission of a certified waste management plan. If additional information or clarification is required please advise. CHRONOLOGY OF COMPLAINTS OR INQUIRES PERTAINING TO THE HUTCHINSON SWINE FARM (C.E.R., INC.) HWY 87, ELIZABETHTOWN BLADEN COUNTY 3/7/95 Mr. Roy Lomax, local citizen, called to file a complaint about the stream that ran under SR 1704. He indicated that it looked like swine waste. An investigation followed that day. P.O. Box 804, Elizabethtown N.C. 28337 (910) 862-3127 Work, (910) 645-4187 3/8/95 Ann Kinlaw, local citizen, spoke with Michael Wicker about creek and was concerned about swine waste in the creek. No telephone number given. 3/8/95 Tracy. Taylor, local citizen, spoke with Michael Wicker about Hutchinson Farm. She indicated that her pond (at her back door) is approximately 1/4 mile downstream of swine farm. She indicated that the pond was covered in green algae, terrible smell emanating from farm. (910) 645-6727 Home (910) 862-2485 Work, Husband, Dale Taylor 3/14/95 Karen Priest, local citizen visited the FRO to obtain information pertaining to Hutchinson Swine Farm investigation of 3/7/95. She was given copies of Fecal Coliform analysis and xerox copies of several pictures taken that day. P.O. Box 1721, Elizabethtown N.C. 28337 (910) 645-6596 3/ 15/95 Miriam Clark, Citizens for Clean Industry (910) 862-3964 Wanted to know about the Hutchinson Swine Facility. She apparently had been contacted by a local citizen. PR informed her that our report was incomplete at that time. She asked if in PR's opinion this office was understaffed, he told her that additional staff could help in some areas. She also wanted to know about odor, PR informed her that odor was not covered in current regulations. 3/15/95 David F. Yandle, local citizen, visited the FRO and spoke with PR concerning the Hutchinson Swine Operation. He wanted to review regional files and view pictures taken 3/7/95 during investigation. He was concerned that Mr. Hutchinson was going to remove trees adjacent to the facility and also had heard rumors that the operation might expand. He wanted to know if Mr. Hutchinson was going to be fined. PR informed Mr. Yandle that the final decision of any action would be made by Raleigh. Mr. Yandle lives at the intersection of SR 1704 and SR 1707 approximately 2,400 feet from the swine operation. (910) 645-4566 3/ 15/95 Roy Lomax contacted office to follow-up on the actions taken. Mr. Lomax was told that final decisions were made by the Director. 3/ 16/95 FRO was contacted by the Wilmington Star. The paper was informed 3/ 16/94 Kathy Dugan, Bladen County, Agricultrual Extension Agent. Wanted to know about the complaint. DIVISION OF ENVIRONMENTAL MANAGEMENT March 17, 1995 CERTIFIED MAIL RETURN RECEIPT REQMTED C.E.R., Inc. Ronald Hutchinson Swine Farm Post Office Box 397 Elizabethtown, N.C. 28337 Subject: NOTICE OF VIOLATION Unpermitted Discharge of Animal Waste C.E.R., Inc. Ronald Hutchinson Swine Farm Bladen County Dear Mr. Hutchinson: On March 7, 1995 this office received a citizens complaint concerning swine waste entering an Unnamed Tributary to Plum Branch. In response to that complaint members of the Fayetteville Regional Office Water Quality staff conducted an onsite investigation later that same day. Regional Staff upon inspecting the above stream visiting the C.E.R, Inc. swine facility discovered that swine waste was being spray irrigated in a manner that allowed waste to discharge to a nearby stream. At the time of the investigation staff members instructed you to immediately cease irrigation and take what actions are necessary to prevent such discharges from reoccurring. By allowing this discharge to take place, you have effectively made an outlet into waters of the State without the appropriate permit, a violation of NC General Statute 143- 215.1(a)(1). The purpose of this letter is to advise you to (1) take immediate action to prevent discharges in the future, (2) that a report is being prepared and will be forwarded to our Enforcement and Compliance Group with recommendations for enforcement actions. As this office does not make final decisions in this matter you will be advised in the future of the final decision in this case. -continued- Mr. Hutchinson March 17, 1995 Page 2 of 2 Also, you will receive correspondence requiring you to submit an approved and certified waste management plan, providing specific details relating to waste management strategies. Failure to address this violation in a timely manner may subject you to further enforcement actions. Should you need additional information or clarification concerning this matter, or if this office can be assistance, please do not hesitate 'to contact either Mr. Michael Wicker, P.E., Regional Water Quality Supervisor, or Mr. Paul Rawls at (910) 486-1541. Sincerely, Kerr T. Stevens Regional Supervisor cc: Diane Williams Wilburn, DEM Compliance Group CERTIFIED MAIL RETURN RECEIPT REQUESTED C.E.R., Inc. Ronald Hutchinson Swine Farm P.O. Box 397 Elizabethtown, NC 28337 SUBJECT: LOSS OF DEEMED PERMITTED STATUS NOTICE OF VIOLATION As Per 15A NCAC 2H .0217(a)(1) C.E.R., Inc., Ronald Hutchinson Swine Farm Bladen County Dear Mr. Hutchinson: Animal Operations in the State have been deemed permitted by the Division of Environmental Management in accordance with Title 15A of the North Carolina Administrative Code, 2H, Rule .0217. An individual non discharge permit is not required if certain criteria are met. A major requirement to be deemed permitted is that there must not be a discharge of any wastewater from the operation to the waters of the State. This letter transmits a Notice of Violation and notification that your animal operation has been found discharging wastewater to the surface waters of the State and is therefore no longer deemed permitted as a nondischarge facility under 15A NCAC 2H .0217. Therefore the existing wastewater treatment system serving your animal operation is currently being operated without a permit as required by North Carolina General Statute 143-215.1. This is based on an investigation conducted by regional staff March 7, 1995. The investigation, prompted by a citizen's complaint, revealed that waste was being irrigated in a manner that caused a discharge to an Unnamed Tributary to Plum Branch. If you wish to be reconsidered for coverage by the deemed permitted provision of the Rule, you must: 1)immediately eliminate the discharge of wastewater; 2)make any modifications needed to ensure there will be no future discharges; 3)send in an approved animal waste management plan by completing the attached certification form. This form and a copy of your plan must be returned to: Division of Environmental Management Water Quality Section Planning Branch P.O. Box 29535 Raleigh, NC 27626-0535 Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste to the land in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Soil Conservation Service, or the North Carolina Cooperative Extension Service. If we have not received the requested certification within 60 days of receipt of this letter of if there are additional discharges to the surface water, a civil penalty of up to $10,000 may be assessed and you may be required to apply for an individual non discharge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. If you have any questions concerning this matter please do not hesitate to contact either Michael Wicker, P.E., Water Quality Regional Supervisor for our Fayetteville Regional Office at (910) 486-1541 or Dianne Williams Wilburn at (919) 733-5083, ext. 233. Sincerely, A. Preston Howard, Jr. P.E. cc: Michael Wicker, P.E., Fayetteville Regional Office Sam Warren, Bladen County Soil & Water Conservation District DEM Planning Branch DEM Operations Branch DIVISION OF ENVIRONMENTAL MANAGEMENT October 31, 1995 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Glen Clifton Prestage Farms (PX-18) P.O. Box 438 Clinton, NC 28328 Subject: Notice of Violation Notice of Intent to Revoke Deemed Permit Prestage Farms PX-18 Cumberland County Dear Mr. Clifton: You are hereby notified that PX-18, which has been deemed permitted to have a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0217, has been found to be in violation of its 2H .0217 Permit. Pursuant to North Carolina General Statute 143-215. 1 (b)(4)c, 15A NCAC 2H .0213 and 15A NCAC 2H .0217(d). On October 17, 1995, a complainant confirmed by way of video excessive runoff of hog waste from one of your spray fields. This runoff was caused by continuing to apply waste to a saturated field. On October 18, 1995, it was also observed by our office that there was excessive ponding on much of the spray field. Within 60 days from your receipt of this letter, the Fayetteville Regional Office intends to recommend to the Director of the Division of Enviromental Management to revoke PX-18's permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater. Mr. Glen Clifton Page 2 October 31, 1995 2. Make any modifications needed to ensure there will be no further discharges. 3. Send in an approved animal waste management plan and have the attached certification form completed. This form and a copy of your plan must be returned to: Division of Environmental Management Water Quality Section Operations Branch P.O. Sox 29535 Raleigh, NC 27626-0535 Failure to comply with the above conditions will cause the existing wastewater treatment system serving your animal operation to be considered being operated without a permit as required by North Carolina General Statute 143-215.1. Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste to the land in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource Conservation Service, or the North Carolina Cooperative Extension Service. If we have not received the requested animal waste management plan and certification within 60 days of the receipt of this letter or if there are additional discharges to the surface water, a civil penalty of up to $10,000 may be assessed and you must apply for an individual non discharge permit from the Division. This letter does not prevent the Division of Environmental Management from taking enforcement actions for this violation or any past or future violations. Please be advised that the regional office is recommending an enforcement action for this violation. If you have any further information to provide as to why this action should not be taken please notify the Fayetteville Regional Office within 10 working days of receipt of this letter. Mr. Glen Clifton Page 3 October 31, 1995 If you have any questions concerning this matter please do not hesitate to contact either Michael Wicker, Water Quality Regional Supervisor, or Michael Moody of the Fayetteville Regional Office at (910) 486-1541. Sincerely, Ken T. Stevens Regional Supervisor KTSIMMIzlt Attachments cc: Cumberland County Soil and Water Conservation District Steve Bennett, Regional Coordinator, NC DSWC Compliance/Enforcement File Prestage Farms, Inc. December 28, 1995 VIA HAND DELIVERY Mr. Kerr T. Stevens, Regional Supervisor N.C. Department of Environment, Health and Natural Resources Fayetteville Regional Office Wachovia Building, Suite 7I4 Fayetteville, North Carolina 28301-5043 Dear Mr. Stevens: ENV. MANAGEMENT FAYETTEVILLE REG. OFFICE Please find enclosed the animal waste management plan and completed certification form for Prestage Farms, PX-18 as per your directive in correspondence from your office dated October 31, 1995. (Note: Per the verbal directive from a representative of your office on December 27, 1995 this plan and certification form is not to be returned by Prestage Farms to the Water Quality Section Operations Branch.) This animal waste management plan explains collection, storage, treatment, and land application processes for PX-18 to ensure that the farm will operate in an environmentally acceptable manner. I have met several times on the farm site with Mr. John Ray of the USDA -Natural Resources Conservation Service in Cumberland County to develop this plan and complete the certification. The following is presented to provide further summary of the situation at PX-18 and the response of Prestage Farms to the conditions outlined in your October 31 correspondence. 1. Discharge was immediately eliminated. 2. On behalf of Prestage Farms, I met with district conservationist John Ray on November 6 at the farm site. We reviewed the waste utilization plan, evaluated immediate needs, and walked over the fields to determine what conservation. practices were needed to prevent future problems. He recommended the following: a. land smoothing to eliminate ponding; b. establishment of adequate ground cover; and c. obtaining an operation and maintenance plan for the irrigation system. 3. In our communication to your office dated November 15, 1995, we outlined several actions to be made by Prestage Farms. The following have been completed: a. ryegrass has been drilled in all fields; b. additional land for spray field has been cleared; HIGHWAY 421 SOUTH a P. O. BOX 438 • CLINTON, N. C. 28328 • PHONE (910) 592-5771 Mr. Kerr T. Stevens Page 2 December 28, 1995 c. additional irrigation system has been installed; and d. an operation and maintenance plan for the irrigation system is currently being developed by an irrigation specialist. In addition, we will follow this plan of action. a. By April 30, 1996 areas that have been cleared will be established in either temporary cover or permanent vegetation. b. By April 30, 1996 disking and land smoothing of field areas to eliminate pockets that cause ponding will be completed. c. By April 30, 1996 sprigging of coastal bermudagrass in fields #1 and #2 and remaining areas of field #3 wilI be completed. d. When irrigation occurs at PX-18, an operator will remain on site to evaluate the irrigation system and spray field to prevent over -application. e. Application records will be maintained by the operator for each irrigation event. Should you need clarification regarding any of the information within this communication or the enclosed plan and certification form, please contact me. Thank you for the cooperation shown by your office as we have worked to respond in a timely and responsible manner regarding this situation. Sincerely, "V"'' Glenn Clifton Technical Specialist GC:dj Enclosures . .-, r �. ,w......... �. .. .. _ � ..n�.r .. ,•q�.._--••-"•'?.T�,u�.grrrrtihnl•.,��. '..��... ..e. .,p ,piya �,.p"afiYi4YeM��.m«r4eA0T�Mw.1ln'ww.4ir_.n.nwn"p^�xrt_�eM'M.afw�.rs�.wOlYrl..� DEC 28 1995 ENV, kIANAGMMENT Animal Waste Management Plan FAYMEVILLE REG. OFFICE for Prestage Farms, Inc. P 0 Box 438 Clinton, N C 28328 Px-18 Gilt Development Farm 1248 Farrow -Feeder 4500 Feeder -Finish Fayetteville Field Office Cumberland Co. Table of Contents Page Environmental Evaluation 1 Request for Technical Assistance 3 CPA-026 Letter From SCS 4 SCS-CPA-026 Form 5 Map of Farm 6 Letter for Approval to Assist with Lagoon 7 Authorization for Technical Assistance 8 Hazard Classification Data Sheet for Dams 9 Soil Investigation Sheet 10 Design Approval Sheet 11 County Location Map 12 Tract Map with Distances to Nearest Residence 13 Topographic Map 14 Soils Map 15 Design Data Sheet 16 Typical View of a One -Stage Lagoon System 19 Cross -Section Data Calculations - Excavation 20 Earthwork Computation Sheet - Dike 23 Cross -Section Data Calculations - Pad 24 Seeding Recommendations 27 Construction Specifications 28 Operation and Maintenance Plan 29 Waste Utilization Plan (Farrow-Feeder)(ExistinS) 30 Waste Utilization Plan (Feeder-Finish)(Existing) 32 Attachment B (Agri -Waste Management) 34 Grid Survey w/ Lagoon & Buildings 37 Waste Utilization Plan (New) 38 Spray Field Map (before 10/31/95) 47 Spray Field Map (after 10/31/95) 48 AHMIAL WILSTB FLAN cBRTIPICATIOH FOR tMW OR BReANDED PEEDLOTS ..... Please ratu=n the completed form to the Division of $aviroamantal HanaQament Lt the address on the reverse side of this fora_ Name of farm (Please print) : &dgNM AAMI- -TPVC Address: A -0, o x 438 6,CfOV7VAr , nJ c _ &&JPL& -- Phone No.- J& — 7-94- -r7V ._...._.g;.JMdF[.[AhlD -- County: Farm location.. Latitude and Longitude:ji"$3I �r/Z {required). Also, please attach a copy of a county road map with lq a ion1 iden ified. Type of operation (swine, layer, dairy, etc.): 6;1� CyG � FAQ- S Wrn Design capacity (number of animals) : I440 3—J rvwou- "% 4syc fiat rrs LA Average size of operation-(12 month population avg.): x4o4_ Average acreage needed for land application of waste (acres): S aawssrssawgaamara¢gresrowaawsisragrrrr#wrrrw�arramrarrswwrraaaawrawarwaaagaaawrrw Technical Specialist Certifiaatioa As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 6F .0005, I certify that the new or expanded animal waste management system as installed for the farm named above has an animal waste management plan that meets the design, construction, operation and maintenance standards and specifications of the Division of Environmental Management and the USDA -Soil Conservation Service and/or the North Carolina Soil and Water Conservation Commission pursuant to ISA NCAC 2H.0217 and 15A NCAC 6F .0001-.00OS. The following elements and their corresponding minimum criteria -hawse been verified by me or other designated technical specialists and are included in the plan as applicable: minimum separations (buffers); liners or equivalent for lagoons or waste storage ponds; waste storage capacity; adequate quantity and amount of land for waste utilization (or use of third party) ; access or ownership of proper waste application equipment; schedule for timing of applications; application rates; loading rates; and the control of the discharge of pollutants from stormwater runoff events less severe than the 2S-year, 24-hour storm. Name of Technical Specialist (Please Print) :- �°'�'!� 04�*Pi 44 Affiliation:_ PAC$ - u5OA Address (Agency) : /J:/ e, &ItLw n &.. dt01 Phone No. -L211 _ r- 4YIC77?V w,e • Bib& Signature: c Date: ii/RG�9s aaaaaaaamaaa aaawareraogaa a aawsmw4rrpoarasawgaos�raaaaagaeaaaaaarraawr awaer/Manage Agreement I (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we) know that any additional expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state either through a man-made conveyance or through runoff from a storm event less severe than the 25-year, 24-hour storm. The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District Name of La Signature: Date • J 11 2 a 44 Name of Hanager, if different from owner (Please print): Signature: . Date - Note: A change in land ownership requires notification or a new certification (if the approved plan is changed) to be submitted to the: Division of Environmental Management within 60 days of a title transfer. DEM USE ONLY:ACNEW# 17 R QL d, 1/1) %. low 7 1 .a + pill 1., 4r1 s 1 v iW taMr u v O or Lin 4 uff� 1 I i n „•I .J a 711 10 1. Ji-coed& 06 fro "OolloM OL 15. wym b I rLjp.1 i JIM I IF41 RAr Ch. 11 the county from Hoke County is F Bragg Military Reservation: parach training jumps can be observed, museum can be toured and other sig are available to visitors. �REsr�� FQ,euS pX—IS f 1 1 o r c - - --.-._ :���----.--- , a a '-7 ►r' C O U N T Y 4. 1 Q 4 Z US Department of Agriculture Soil Conservation Service ENVTRONMENTAL EVALUATION Land User/.Own Location/Tract & Field Number. Prepared by, NC -CPA 16 4-92 County CU'n 4"a anYdalnAs '7A ^f' S.JIDf 4 2S'a� Date Brief Description of Planned Practtice/RMS/Project Measure: Environmental Factors and Resources to Identify and Evaluate J 1. Is wetland included in the planning area: (References: NCPM; 190-GM 410.26; Hydric soils list; Classification of Wetlands and Dee water Habitats of the U.S.; National Wetlands Inventory Maps; NFSAM. No Yes - If yes, -- Identify types present -- Attach environmental evaluation showing what effect _planned assistance will have on wetland and how this assistance is within policy -- Have needed permits (CAMA, DEM, Corps, etc.) been obtained by the landuser? -- Make sure no planned practices will put the landowner in violation of Swampbuster 2. Endangered and/or threatened species: (References: 190-GM 410.22; Technical Guide Section I-i(13) and Section I--vii `,/ No Yes -- Identify species whose range and habitat needs indicate they might occur in planning area -- Identify on map any designated critical habitat ti) 10. Are permits required?/Should the person contact permit agencies? JeL No Yes ,J When an environmental factor or resource is identified on the site, the user will refer to the appropriate reference for policy and document the appropriate action in the notes portion of this form. NOTES, DOCUMENTATION, FOLLOW-UP 047. ` SOIL CONSERVATION SERVA.A. w._...... ' REV. 8191 Landuser's Nave: District Cooperatoi.Y _____4_ No Field Off:'ce: �',Q.t�s .era .� Lacatioa Code- . .• .:G.x. �cf::w�Zy" »fir., _ .. _•x:,•F=r' ..}_ .... ... .. _ _ , Practice For.WWch Assistance -is Requested:, Nance: _ 3 S Fund Allocation: CO-OX✓ACP LTA LTC _RC&D_.�_Other. Type Assistaace'Requ'esen ...(Survey; Design,, "pproval, u)_,Z� . Zj­ AV Estimated Job Class: I Il III IV V ' Other Highest Approval Level For This Practice -By Requesting Office: I.& E:. Design:__�Construction: , �1 Date(s) Assistance is Needed: A-S A P Reason(s) For Requesting Assistance: Narrative of Site Conditions or Special Circumstances: Approved By: Date:_ Area Conservationist prig: ity: H M L (Assigned by Area Conservationist) (3) c DDe�tm*8 t d Bolt Charlie Rose'Agri-Rxpo Center coneer"tw 121 East Mountain Drive, Rm. 229 Fayetteville, N. C. 28$06 Telephone: 919-484-8479 July 6, 1992 Mr. Jim Carr Prestage Farms Inc.. P. 0. Box 438 Clinton, N. C. 28328 Dear Mr. Carr: 11 Enclosed are copies of the CPA-02 - Highly Erodible Land and Wetland R Determination forms for TractAM 3963 and 5747. This is the official determination for Farm Bill purposes for the areas marked in yellow and red by the ASCS office. Tracts 3962 and 3963 have hydric soils mapped on them. These wetland areas are not flagged -on the ground, but are marked on the soils map and the ASCS aerial photo. Just before clearing, someone from my office can accompany the bulldozer in order to direct the clearing to avoid the wetland. Please.contact my office when 'you need to dd'this. Tract 5747 has isolated wetland spots located on them. They have Veen flagged in the field. SCS will need to meet with with yogi to show these sites and assist in directing the clearing of the non -wetland, so that no hydric soils are cleared. Under provisions of the 1985 Farm Bill you have 15 days to appeal my decision to determine that these areas are wetlands. If I can provide you with more information, please contact my office. Sincerely, Yhn Ray, Jr. t Conseryati cc: ASCS Executive Director .n The Sol ConlMtihon Swvice is on o0oncY of fhi (4) A. SCS-CPA-026 1. Name and Address of Person Anservation Service (June 91 ) ! HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION DETERMINATION c;,M M,�. , • �: !� 12 Name of USDA Agency or Person Requesting Determination �n S S• Farm No, apd Tract No- SFCTION l - HIVINLY ERODIBLE LAND 2- Date of Request v Y« 3. County T577 FIELD NO.(el TOTAL ACRES i3=`�?;?4=;��': Is soli survey now available for making a highly erodible land determination? Ye [ No ❑ Are there highly erodible soil map units on this farm? Yes ❑ No List highly erodible fields that, according to ASCS records, were used to produce an agricultural commodity In any crop year during 1981-1985. list highly erodible fields that have been or will be converted for the production of agricultural commodities and, according to ASCS records, were not used for this purpose in any Crop year during 1981-1985; and were not enrolled in a USDA set -aside or diversion program, MI D. This Highly Erodible Land determination was completed 2n the: Office Field ET M ,. FIELD NO.{a) TOTAL ACRES 1. Are there hydric soils on this fern? Yes [ No,1 Z Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP). UfuAIUM keJ•-!- Wetlands may be farmed under natural conditions. Fanned Wetlands and Fanned Wetlands Pasture may be farmed and maintained in the same manner as they were prior to December 23,1985, as long as they are not abandoned. 3. Prior Converted Cropland (PC), Wetlands that were converted prior to December 23, 1985. The use, management. drainage, and alteration of prior converted cropland (PC) are not subject to the wetland conservation provisions unless time area reverts to wetland as a result of abandonment. 4. Artificial wetlands (AW). Artificial wetlands includes irrigation -Induced wetlands. These wetlands are not subject to the wetland conservation provisions. 5. Minimal Effect Wetlands (MW). These wetlands are to be farmed according to the minimal -effect agreement signed at the time the minimal-effad determination was made. S. Mitigation Wetlands (MIW). Wetlands on which a person Is actively mnigating a frequently cropped area or a wetland converted between December 23. 1985 and November 28, 1990. 7. Restoration with Violation (RVWyear). A restored wetEand that was in violation as a result of conversion after November 28. 1990, or the planting of an agricultural commodity or forage crop. 8. Restoration without Violation (RSW). A restored wetland converted between December 23, 1985 and November 26. 1990, on which an agricultural commodity has not been planted. 9. Replacement Wetlands (RPW). Wetlands which are converted for purposes other than to increase production, where the wetland values are being replaced at a second site. 0. Good Faith Wetlands (GFW+year). Wetlands on which ASCS has determined a violation to be In good faith and the wetland has been restored. 1. Converted Wetlands (CM. Wetlands converted after December 23, 1985 and prior to November 28, 1990. In any year that an agricultural commodity is planted on these Converted Wetlands, you will be Ineligible for USDA benefits. 2. Converted Wetland (CW+year). Wetlands converted after November 28,1 M. You will be Ineligible for USDA program benefits until this wetEand is restored. 3. Converted Welland Non-Agriculturat use (CWNA). Wetlands that are converted for trees, fish producton, shrubs, cranberries, vineyards or building and road construction. 4. Converted Wetland Technical Error (CWTE), Wetlands that were converted as a result of incorrect determination by SCS. S. The planned alteration measures on wetlands in fields are considered maintenance and are In compliance with FSA_ 6. The planned alteration measures on wetlands in fields are not considered to be maintenance and it installed will cause the area to become a Converted Wetland (CW). See item 22 for Information on CW+year. 7. The wetland detenrinatign was completed In the office field nd was delivered 0 malledETfo the per§on on 2- 8. Remarks. �� ��s:✓' Q� ��%� ��• /Y 9. J cerrjfy that the above determination is correct hnd adequate far use in determining 30. " nature SCS District Conservationist 31. Dat eligihiliry for USDA program beneflus. and that wetland hydrology. hydric soils, and ;71 Aydropkvtir vegetation under normal cirruntstances exist on all arras outlined as W Nands FarmSd W rf ndi. and rr rm l nd Pas ur . lsalstance and prognbw of Ow Sall Conservtrflon Service available without rag r rq r e miryton, color, seer op. or v CIP Q/CSCKcopy (5) im ji -I'- �Fq�5 P7717. il 1r. 4 4 fine A a PA E -,L. TL Lf 1 Ij P"DR.. Ur r lift L14 f"', 41 1 7.1 16 V" f". -,L. *;e-*'vw. - .07, - , I j ­'r U -F1 fff-v I C- V4 UNITED STATES SOIL FEDERAL BUILDING, ROOM 116 DEPARTMENT OF CONSERVATION 134 NORTH JOHN STREET AGRICULTURE SERVICE GOLDSBORO, NORTH CAROLINA 27530 TELEPHONE: 919-734-0961 SUBJECT: ENG - Class V Waste Mgmt. System DATE: April 29, 1992 Prestage Farms, Cumberland County TO: Harry'J. Gibson, State Cons. Engr. FILE CODE: 210 SCS, Raleigh, NC We have received a request for assistance on a Class V lagoon in Cumberland County, on the Prestage Farm. We would like your approval to assist with this lagoon. I will make the soil investigation and review the design in consultation with you. The final design will be submitted to you for approval. Billy J es Civil Engineer cc: David A. Combs John M. Ray. (7) UNITED STATES Soil 4405 Bland AOad Suite 210 DEPARTMENT OF Conservation Raleigh, North Carolina 27609 AGRICULTURE Service Telephoner (919) 790-2886 Subject: ENG-Class V Waste Management Date: May 5, 1992 System-Prestage Farms Cumberland County, NC To: Billy H. Jones Fiie'Code: 210 Civil Engineer USDA Soil Conservation Service Goldsboro, NC Your request for authorization for your staff to provide technical assistance with the planning, design, and construction of the subject Class V waste management system is approved in accordance with NEM 511.03. You and your staff should schedule time for review and approval with me or my staff. Harry J - ib n State C ervation Engineer cc: David Combs John Ray (8) S U. S. Department of Agriculture Soil Conservation Service Px-/9 HAZARD CLASSIFICATION DATA SHEET FOR DAMS NC-ENG -34 September 1980 Five Code: 210 Landowner t�rc5,a� wry► s County Community or Group No, Conservation Plan No. Estimated Depth of Water to Top of Dam Ft. Length of Flood Pool Ft. Date of Field Hazard Investigation J- Z 7 - 5'3 Evaluation by reach of flood plain downstream to the point of estimated minor effect from sudden dam failure. Est. Elev. Est. Elevation Kind of :Improvements: of Breach Reach: Length: Width: Slope: Land Use Improvements : Above :Floodwater Above : Flood Plain: Flood Plain Ft. Ft. : Ft. Ft. • r 2 3 Describe potential for loss of life and damage to existing or probable future downstream improvements from a sudden breach ne.. 4� SI.L'•%lv�f^ ,Q.��r^G Dpc.r.., �-�:',jr ..-. /f.J�.+.•CS~/ r�G�"!' �✓�..•r.'S /•c�.�". �,? /'JC 7 t!Z Hazard Classification of Dam b, c) (see NEM-Part 520.21) 71- ,D�Nr Classification (I, II, III, IV, V) By ', '��� <<y . L ,� �'i Date nam - tit Concurred By C Date �,�% • .j name title NOTE: 1. Instructions -on reverse side. 2. Attach additional sheets as needed. SCS-ENG•536 Rev. 5•70 A (O U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE SOIL INVESTIGATION TO DETERMINE SUITABILITY OF PROPOSED POND SITE WATERSHED AREA MEASUREMENn CROPLAND -ACRES PASTURE -ACRES:: WOODLAND -ACRES TOTAL- _Ar.RVq SKETCH OF PROPOSED POND SHOWING WHERE BORINGS WERE MADE (Approx. wWo 111=_f"t) L.ocat* reference point -on center line of ddm and Identify On skekA. ■■■NONE ■■■■■ ■■■■■E■■moons ■ ■ ■■n '■■■■■■■�e����■■■E■■■ ■■IZEiNI 1 U i■■■ ■■■MINMENNEEN Ion■■■■■■ ■ ! ■N■■ El ■ ■■ ■OMEN■■■■MIE■■■■E■■ ■Homo 1 ■■■■■■■■■■1■■■■■■■ MO■■11 MEMO■■■■■■ MONSOON ■ESSMER ■■■ on ■■1■■M■■N■■ ■■■■IS■■E:iw SEEMS :�.:■:�■ ■■■MIMMM■■■iM■ 'EwME■Mi ■■MEN ■■ ■■■■■■■■■ ■■■■■■■■■■■■■ • BORING NUMBER AND PROFILE Make and list dam -jilt and spillway boring$ first- Men ponded drea and bormw pit borings-teparote witik vertical rad line. (Conftnued On back wh necessary) SA*w water g6le fir+ ��!■I■I■i■I■I■I■ ■1■I■l�l■!■I®I■I■1■I®l■I■i■!■� ®®I■!■!��®!�I ! �■!�!■i■I■�■!�!■I■!NISI■I■I■I■ ®®l■f■I■I®I■I 1 ■I�i■1■1■I■I®I■I�i®IN1■IEI■ ®®imi!'�=I■IPJI■ ■ ■I®I!'J�■ ■i■I�i�f ■f■I®f�l■ ■I■ ®�!l�!Il■1 !■ICI■I■�■I®I■I�I■I■I�i■�N�■I®IF�aEI■I■I, ®I�!'!I■IE.�1Iw!■I■ ■Imi■I I■!■I®�■�■1■'i�101■I■1■I MU�!■I■E INI■ ■IM!�1,�1■I■!■1�11■1■!■!■I■I■I■1■ �I 1■1■I■I 1■I■I■1�11■I■I■I■ICI■!■1N1■lam!■I■I■ ®I■I■I■'■I■I■I■� !�11■I■I■■ICI■I■1■ICI■I■I■I■ ®® Iw!■I■I■101■�1®I■I■I■■I■I■IE�NIOI■iEl■lam • BORINGS .� / {ro) 1 Prestage Farms PX-18 Animal Waste Lagoon Fayetteville Field Office Cumberland County, N.C. Design Approval Sheet Type of Operation Swine Farrow to Feeder Finishing Size of Operation 1248 sow farrow 4500 head finishing Volume Required 1,850,401_ cubic feet Volume Designed 11874,988 cubic feet Job Classification V Designed By ��� �°�- Date Approved By C Date X J81 G'4ifC/ 4- CpwN6Rs It lo71 �04r'YAa G✓1�i1 �o�djr�l�/►J T`�/� r a /a N Q S/ G .✓ G,/,o s TE u ?ic z�oT, a ,off I�.C,or / IXIVC1 GIILI LIM JULLLII INIVCI. CAICIIUIItr, Al the county from Hoke County is Ft Bragg Military Reservation: parachl training jumps can' be observed, museum can be toured and other sig. are available to visitors. q"M It'. �= A� - OL I - I I 0S 1 - R ES M6e fAoW S Ric `. 1 .''. I WIM ,oa a. 1 wane ,'i Q ' ,. 1640 Y 36 POND room tw DAY !v h bl, Pomn � .�.- -ram.-.�.��.�.-1- * Cn! ,! t F: Ck C O U N T Y 1 � t1Z, 43 C l -dip- r Lj 77 - IGO 7 _ — - 4 So- 17 _ _ o �� .III : C _ _ Nb Cie 1-210 I1 d ` roc AMMi7N B ML • wTIj+00e-cE13i0G111 stmv", TON. (AMMQN} � pE'1'FAS (MEK 15 W. IL4 5m 1SE SCALE 1:24 000 M1LFS moo 3ppp Sapp mm soap taco flow 5ppp loom FEET p KILQtwETE88 Z .a >:xs iam � moo CONTOUR iTfiF_RVAL 5 FEET r4ATIONAL GEODETIC VERTICAL DATUM OF 1929 5 MAP CobaU -5 WrM NATIONAL MAP ACCURACY STANDARDS '.OLOGICAI. SURVEY. DENVER, COL.ORADO OD225, OR RESTON, VIRGtNIA 22092 SCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST ROAD C1ASSWICATION Primary high -ay. i.gtd-day road. hard hard surlase .. _ ..... I-pr—*d 041adoce .... Secondary hWnmv, hard surface ....... �I'°"ed road . Qiateratate Route U. S. Route o Stm ROSEBORO, 1 QUADRANGLE LOCATION NFA BOSEBORD 13' Qrx111 3407&45 TE-02 1987 DMA SYM3 I NE-SERIE Operator:PRESTAGE F'AKVWS1Xx.County: CUMBERLAND N -r8 Distance to nearest residence (other than owner): 1. STEADY STATE LIVE WEIGHT Date: 01/28/93 1320.0 feet 0 sows (farrow to finish) x 1417 lbs. a 1248 sows (farrow to feeder) x 522 lbs. �* 4500 head (finishing only) x 135 lbs. a 0 sows (farrow to wean) x A33 lbs. 0 head (wean to feeder) x 30 lbs. a TOTAL STEADY STATE LIVE WEIGHT (SSLW) 2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON 0 lbs 651456 lbs 607500 lbs 0 lbs 0 lbs 1258956 lbs Volume a 1258956 lbs. SSLW x Treatment Volume(CF)/lb. SSLW Treatment Volume(CF)/lb. SSLW 1 CF/lb. SSLW Volume 1258956 cubic feet 3. STORAGE VOLUME FOR SLUDGE ACCUMULATION Volume o 0.0 cubic feet "Owner requests no sludge storage. Sludqe will be removed as needed." 4. TOTAL DESIGN VOLUME Inside top lenqth 600.0 feet : Inside top width 400.0 feet Top of dike at elevation 99.5 feet Freeboard 1.0 feet ; Side slopes 3.0 : 1 (Inside lagoon) Total design lagoon liquid level at elevation 98.5 feet Bottom of laqoon elevation 89.5 feet Seasonal hiqh water table elevation 94.7 feet Total design volume usinq prismoidal formula SS/END1 S-S/END2 SS/SIOE1 SS/SIDE2 LENGTH WIDTH DEPTH 3.0 3.0 3.6 3.0 594.0 394.0 9.0 AREA OF TOP LENGTH * WIDTH 594.0 394.0 AREA OF BOTTOM LENGTH * WIDTH = 540.0 340.0 234036.0 (AREA OF TOP) 183600.0 (AREA OF BOTTOM) AREA OF MIDSECTION LENGTH * WIDTH * 4 567.0 367.0 832356.0 (AREA OF MIDSECTION."' 4) CU. FT. a rAREA TOP + (4*AREA MIDSECTION) + AREA BO-TTOM1 * DEPTH/6 234036.0 832356.0 183600.0 1.5 3. TEMPORARY STORAGE REQUIRED DRAINAGE AREA: Lagoon (top of dike) Lenqth * Width 600.0 400.0 240000.0 square feet Buildings (roof and lot water) Length * Width 0.0 0.0 0.0 square feet TOTAL DA 240000.0 square feet Design temporary storaqe period to be 180 days. 5A. Volume of waste produced Approximate daily.production of manure in CF/LB SSLW - 0.00136 Volume - 1258956 Lbs. SSLW * CF of Waste/Lb./Day * 180 days Volume - 307445,cubic feet 5B. Volume of wash water This is the amount of fresh water used for washing floors or volume of fresh water used for a flush system. Flush systems that recirculate the lagoon water are accounted for in 5A. Volume - 0.0 gallons/day * 180 days storage/7.48 gallons Volume 0.0 cubic feet 5C. Volume of rainfall in excess of evaporation Use period of time when rainfall exceeds evaporation by largest amount. 180 days Excess rainfall a 7.0 inches Volume = 7.0 in * OA / 12 inches per foot Volume - 140000.0 cubic feet (l7) 5D. Volume of 25 year — 24 hour storm Volume = 7.2 inches / 12 inches per foot * DA Volume a 144000.0 cubic feet TOTAL REQUIRED TEMPORARY STORAGE 5A. 307445 cubic feet 5B. 0 cubic feet 5C. 140000 cubic feet 50. 144008 cubic feet TOTAL 691445 cubic feet 6. SUMMARY Total required volume 1850401 cubic feet Total..design volume ava.l.l.. 1$749QB cubic 'Feet . Min. req. treatment volume plus sludge accumulation 1258956 cubic feet At elev. 95.8 feet Volume is 1264462 cubic feet (end pumpinq) Total design volume less 25vr--24hr storm is 1730988 cubic feet At elev. 97.0 feet a Volume is 1712611 cubic feet (start aumDina) Seasonal hiqh water table elevation 94.7 feet 7. DESIGNED 6Y +� APPROVED BY: ,Bi 4AAe-- / C!' DATE DATE: -7 NOTE: SEE ATTACHED WASTE UTILIZALT'ION PLAN �!` >9�P p�'scr�/a r. �• � �' •}!�, >, O.✓ T��r _ 1_. ice/ /���� O C /PSY! l�tv /� �_ . , /7i �v✓> �l �iN W �fe& � J � G 1jL JIAT/ai✓ �%vq,*/ try) �I ke �. ' C 4 _ .41 , 7YP1 GAL V.1 EW OAF A GA " y c �o -a pal D. it --M +�oN�iN�M�ttT 1�W LVI hlri F101, 7?EAR to w. 0 S. J o pC. PfA 70 ;71T / " . Oa �S f g ►' P1FW rre51ac7e Cx-tg _ S%CR'F -eZrAL PEKHMN �� v GR3ti o�►1Mae PLEW. -WF VVIPM 2 . w�6En �dP Al EL�VATit J .5 � r r•o � I' TI2RAT M Jul L i i� n +Sae 5/0�cs ��@ !a df 1..��ooE•.t Wii p fS�arri..C-f M -i 4 `e +]O M w�< lo�l. L -'o P cif-% " P;AOA T k T T _ Ei[WI lows Wt it t c� aT ear.us�rMc�rs.oE a..r�r�vE' i Z!J—XE Pi r cH Di57?5L/L I V1xe V 99.5 OH-Ver-1.44 US Department of Agriculture Soil Conservation Service CROSS-SECTION DATA QUANTITY CALCULATIONS prepared for Prestage in CUMBERLAND County, North Carolina Designer : J.CARR Checker Date : 01/28/93 Date PX18 TEMPLATE DATA: Beginning Elevation 89.5 Beginning Station w 9+18 9+18 to 10+00 c\3cl340/3 10+00 to 11+00 c\3cl340/3 11+00 to 12+00 c\301340/3 12+00 to .13+00- c\301340/3 13+00 to 14+00 c\3cl340/3 14+00 to 14+18 c\301340/3 SECTION NUMBER 1 Centerline Station 9+18 ORIGINAL DATA: 0.0 / 96.0 100.0 / 97.2 200.0 / 96.9 500.0 / 96.4 0.00000 ft/ft 0.00000 ft/ft 0.00000 ft/ft 0.00000 ft/ft 0.00000 ft/ft 0.00000 ft/ft 300.0 / 96.9 400.0 / 96.8 SECTION NUMBER 2 Centerline Station 10+00 ORIGINAL DATA: 0.0 / 96.0 100.0 / 97.2 200.0 / 97.0 300.0 / 97.0 400.0 / 96.7 500.0 / 96.4 SECTION NUMBER 3 Centerline Station 11+00 ORIGINAL DATA: 0.0 / 95.7 100.0 / 96.4 '200.0 / 96.7 300.0 / 96.4 400.0 / 96.9 500.0 / 96.7 SECTION NUMBER 4 Centerline Station 12+00 PX18 (continued) 01/28/93 page 2 ORIGINAL DATA: 0.0 / 94.0 100.0 / 95.8 200.0 / 96.5 300.0 / 96.2. 400.0 / 96.3 500.0 / 96.0 SECTION NUMBER 5 Centerline station 13+00 ORIGINAL DATA: 0.0 / 92.1 100.0 / 95.0 200.0 / 96.1 300.0 / 96.1 400.0 / 95.8 500.0 / 95.6 SECTION NUMBER 6 Centerline Station 14+00 ORIGINAL DATA: 0.0 / 89.5 100.0 / 92.9 200.0 / 95.1 300.0 / 95.8 400.0 / 95.5 500.0 / 95.7 SECTION NUMBER 7 Centerline Station. 14+78 ORIGINAL DATA: 0.0 / 86.5 100.0 / 90.1 200.0 / 93.9 300.0 / 95.6 400.0 / 95.4 500.0 / 95.6 �'7 . S 1_ 9 9' S' -----OH-Ver-1.44 US Department of Agriculture Soil Conservation Service PLANNED QUANTITY CALCULATIONS prepared for Prestage - 4�X-119 in CUMBERLAND County, North Carolina Designer : J.CARR Checker Date : 01/28/93 Date PX18 Bot Left Right Off-CL CL Dist Width SS SS (ft) Sta (ft) 340 3:1 3:1 80.0 9+18 82 340 3:1 3:1 80.0 10+00 100 340 3:1 3:1 80.0 11+00 100 340 3:1 3:1 80.0 12+00 100 340 3:1 3:1 80.0 13+00 100 340 3:1 3:1 80.0 14+00 78 340 3:1 3:1 80.0 14+78 ** EXCAVATION ** ** FILL ** Area Volume Area Volume (SgFt) (Cu.Yds) (SgFt) (Cu.Yds) 2684.6 0.0 8171.2 0.0 2696.4 0.0 17899.8 0.0 2557.1 0.0 27080.6 0.0 2400.5 0.0 35658.8 0.0 2231.6 0.0 43322.4 0.0 1906.7 0.0 48317.8 1721.3 1551.6 1191.7 Portions of the Original Data have been Extrapolated. U.S. DEPARTMENT OF AGRICULTURE NC-ENG-12 Soil Conservation Service Rev. 6/82 EARTHWORK COMPUTATION SHEET NAME: I res��ge �ar r s, ]& , X I g SETTLED TOP DIKE ELEVATION: 99.5 g9r5' TYPE EARTHWORK: _X Dike _3:1_ SS _ 121_Top: Excav: Pad STATION ELEV. FILL END AREA SUM OF DISTANCE DOUBLE GROUND HEIGHT (Sq. Ft.) END AREAS (feet) VOLUME ------------------------------------------------------------------------ 0 95.5 4.0 96 106 95.6 3.9 92.43 188.43 106 19974 206 95.7 3.8 88.92 181.35 100 18135 306 96.2 3.3 72.27 161.19 100 16119 406 96.8 2.7 54.27 126.54 100 12654 506 96.6 2.9 60.03 114.3 100 11430 612 96.5 3.0 63 123.03 106 13041 668 96.7 2.8 57.12 120.12 56 6727 768 97.1 2.4 46.08 103.2 100 10320 868 97.2 2.3 43.47 89.55 100 8955 968 97.2 2.3 43.47 86.94 100 8694 1024 96.6 2.9 60.03 103.5 56 5796 1130 96.6 2.9 60.03 120.06 106 12726 1230 96.0 3.5 78.75 138.78 100 13878 1330 94.9 4.6 118.68 197.43 100 19743 1430 93.6 5.9 175.23 293.91 100 29391 1530 90.2 9.3 371.07 546.3 100 54630 1636 87.5 12.0 576 947.07 106 100389 1692 89.3 10.2 434..52 1010.52 56 ....56589 1792 93.6 5.9 175.23 609.75 100 60975 1892 95.5 4.0 96 271.23 100 27123 1992 95.4 4.1 99.63 195.63 100 19563 2048v 95.5 4.0 96 195.63 56 10955 --------------------- 2048 537808 1. Double Volume of Fill /2 = 268903.8 Cu. Ft. 2. Volume of Fill (line 1/27) = 9959.4 Cu. Yd. 3. Allowance for Settlement(10%) = 995.9 Cu. Yd. 4. Total Cubic Yards (2 + 3) = 10955.3 Cu. Yd. Computed by: 96= Date: 01 Checked by: ,.I��.(� OH-Ver-1.44 US Department of Agriculture Soil Conservation Service CROSS-SECTION DATA QUANTITY CALCULATIONS prepared for PRESTAGE - t X - 1 `S in Cumberland County, North Carolina Designer : Jim Carr Checker Date : 01/28/93 Date Job Number 018 PX-18 Pad TEMPLATE DATA: Beginning Elevation = 99.5 Beginning Station +20 +20 to +60 D/3CL580\3 +60 to 2+20 D/3CL580\3 2+20 to 2+40 D/3CL580\3 2+40 to 5+50 D/3CL300\3 5+50 to 7+70 D/3CL300\3 SECTION NUMBER 1 Centerline Station +20 ORIGINAL DATA: 0.0 / 96.0 100.0 / 97.2 200.0 / 97.2 500.0 / 96.4 600.0 / 96.2 -50.0 / 95.0 0.00000 ft/ft 0.00250 ft/ft 0.02500 ft/ft 0.00250 ft/ft 0.00000 ft/ft 300.0 / 97.1 400.0 / 96.7 SECTION NUMBER 2 Centerline Station +60 ORIGINAL DATA: 0.0 / 95.5 100.0 / 97.2 200.0 / 97.2 300.0 / 97.1 400.0 / 96.7 500.0 / 96.9 600.0 / 96.7 -50.0 / 94.7 SECTION NUMBER 3 Centerline Station 2+20 ORIGINAL DATA: 0.0 / 95.7 100.0 J 97.7 200.0 / 98.0 300.0 / 97.1 400.0 / 97.7 500.0 / 97.9 600.0 / 98.2 -50.0 / 94.6 SECTION NUMBER 4 Centerline Station 2+40 ORIGINAL DATA: PX-18 Pad (continued) 01/28/93 page 2 0.0 /. 96.2 100.0 / 97.9 200.0 / 98.2 300.0 / 97.8 400.0-/ 98.1 500.0 / 98.4 600.0 / 98.6 -50.0 / 95.2 SECTION NUMBER 5 Centerline Station 5+50 ORIGINAL DATA: 0.0 / 99.2 100.0 / 99.6 200.0 / 99.5 300.0 / 99.9 400.0 / 101.0 500.0 / 100.7 600.0 / 100.5 SECTION NUMBER 6 Centerline Station 7+70 ORIGINAL DATA: 0.0 / 99.3 100.0 / 98.8 200.0 / 98.1 300.0 / 98.5 400.0 / 100.3 71 ai.D/G ITq.5 . ` OH-Ver-1.44 US Department of Agriculture Soil Conservation Service PLANNED QUANTITY CALCULATIONS prepared for PRESTAGE - ?x - 1 g in Cumberland County, North Carolina Designer : Jim Carr Checker Date : 01/28/93 Date Job Number 018 PX-18 Pad ** EXCAVATION ** ** FILL ** Top Left Right Off-CL CL Dist Area Volume Area Volume Width SS SS (ft) Sta (ft) (SgFt) (Cu.Yds) (SgFt) (Cu.Yds) 580 3:1 3:1 -30.0 0+20. 0.0 1623.8 40 0.0 2397.1 580 3:1 3:1-30.0 0+60 0.0 1612.3 160 0.0 11604.5 580 3:1 3:1 -30.0 2+20 0.0 1495.2 20 0.0 12730.4 580 3:1 3:1 -30.0 2+40 0.0 1544.6 310 0.0 24348.6 300 3:1 3:1 20.0 5+50 0.0 479.2 220 0.0 29549.0 300 3:1 3:1 20.0 7+70 0.0 797.3 YO oy 17 SEEDING RECOMMENDATIONS ----------------------- AREA TO BE SEEDED: 16.0 ACRES USE THE SEED MIXTURE INDICATED: 0 LBS-FESCUE GRASS @ 60 LBS./ACRE (BEST SUITED ON CLAYEY OR WET SOIL CONDITIONS) SEEDING DATES: SEPTEMBER 15 TO NOVEMBER 30 0 LBS. 'PENSACOLA' BAHIA GRASS @ 60 LBS./ACRE (SEE FOOTNOTE NO. 1) SEEDING DATES: MARCH 15 TO JUNE 30 48 LBS. HULLED BERMUDA GRASS @ B LBS./AC. (SUITED -FOR MOST SOIL CONDITIONS) SEEDING DATES: APRIL 1 TO JULY 31 0 LBS. RYE GRAIN @ 30 LBS./ACRE (NURSERY FOR FESCUE) 240 LBS. RYE GRASS @ 40 LBS./ACRE (TEMPORARY VEGETATION) SEEDING DATES: DECEMBER 1 TO MARCH 30 LBS. APPLY THE FOLLOWING: 6000 LBS. OF 10-10-10 FERTILIZER (1000 LBS./ACRE) 12 TONS OF DOLOMITIC LIME (2 TONS/ACRE) 600 BALES OF SMALL GRAIN STRAW (100 BALES/ACRE) ALL SURFACE DRAINS SHOULD BE INSTALLED PRIOR TO SEEDING. SHAPE ALL DISTURBED AREA IMMEDIATELY AFTER EARTH MOVING IS COMPLETED. APPLY LIME AND FERTILIZER THEN DISK TO PREPARE A 3 TO 4 INCH SMOOTH SEEDBED. APPLY SEED AND FIRM SEEDBED WITH A CULTIPACKER OR SIMILAR EQUIPMENT. APPLY MULCH AND SECURE WITH A MULCH ANCHORING TOOL OR NETTING. 1. PENSACOLA BAHIAGRASS IS SLOWER TO ESTABLISH THAN COMMON BERMUDA GRASS'. WHEN USING BAHIA. IT IS RECOMMENDED THAT 8 LBS./ACRE OF COMMON BERMUDA BE INCLUDED TO PROVIDE COVER UNTIL BAHIAGRASS IS ESTABLISHED. L s SPECIFICATIONS FOR CONSTRUCTION OF WASTE TREATMENT LAGOONS ---------------------------------------------------------- Clearinq: All trees and brush shall be removed from the construction area before any excavatinq or fill is starter!. Stumps will be removed within the area of the foundation of the embankment and fall areas and all, excavated areas. All stumps and roots exceedinq one (1) inch in diameter shall be removed to a minimum depth of one (1) foot. Satisfactory disposition will be made of all debris. The foundation area shall be loosened thoroughly before placement of embankment material. Cut—off Trench: --------------- A cut—off trench (when specified) shall be installed as shown in the plans. Construction: ------------- Construction of excavated and earthfill areas shall be performed to the neat lines and grades as planned. Deviations from this will require prior approval of the SCS. Earthfill shall not be placed in standinq water and reasonable compaction of the fills shall be performed by the construction equipment or sheeps—foot roller durinq placement. The embankment of the laqoon shall be installed usina the more impervious materials. Construction of fill heights shall include ten (10) percent for settlement. To protect against seepage, when areas of unsuitable material are encountered, they will need to be excavated a minimum of one (1) foot below qrade and backfilled and compacted with a suitable material (ie—CL.SC.CH). Refer to the soils investigation information in the plans for special considerations. Precautions should be taken durinq construction to prevent excessive erosion and sedimentation. X'4 Gc,v // � / O� ,J'.Lo f'�S f:N� Pv�CT/ N o� vegetation `'�� Ccyn}�i�cl C All exposed embankment and other bare constructed areas shall be seeded to the planned type of vegetation as'soon as possible after construction. 19 OPERATION AND MAINTENANCE PLAN -------------------------------- This lagoon is designed for waste treatment with minimum odor control. The time required for the planned fluid level to be reached may vary due to soil conditions,flushinq operations, and the amount of fresh water added to the system. Land application of waste water is recognized as an acceptable method of disposal. Methods of application include solid set, center pivot, guns, and travelinq gun irrigation. Care should be taken when applying waste to prevent runoff from the field or damaqe to crops. The following items are to be carried out: 1. It is strongly recommended that the treatment lagoon be pre — charged to 1/2 its capacity to prevent excessive odors during start—up. Pre —charging reduces the concentration of the initial waste entering the lagoon thereby reducing odors. Solids should be covered with effluent at all times. 2. The attached waste utilization plan shall be followed. This plan recommends sampling and testing of waste (see Attachment 8) before land application. 3. Begin pump —out of the lagoon when fluid level reaches eleva— tion 97.8 as marked by permanent markers. Stop pump --out when the fluid level reaches elevation 95.8 or before fluid depth is less than 6 feet deep (this prevents the loss of favorable bacteria) . 4. The recommended maximum amount to apply per irrigation is one (1) inch and the recommended maximum application rate is O.4 inch per hour. 5. Keep vegetation on the embankment and areas adjacent to the lagoon mowed annually. Vegetation should be fertilized as needed to maintain a vigorous stand.. 6. Repair any eroded areas or areas damaged by rodents and establish in vegetation. 7. All surface runoff is to be diverted from the lagoon to stable outlets. 8: The Clean Water Act of 1977 prohibits the discharge of pollutants into waters of the United States. The Department of Environment, Health, and Natural Resources, Division of Environ— mental Management, has the responsibility for enforcing this law. WASTE UTILIZATION PLAN ---------------------- Owners name--:PRESTAGE Countv:CUMBERIAND Mail Address—:CLINTON Type of production unit---- :FEED —FIN Tvpe of waste facility ----- :Anaerobic Laaoon Your animal waste management facility has been desinnpd for a aiven storaoe capacity. When the waste reaches the desioned level. it must be land aoolied at a snecified rate to nrQvAnr pollution of surface and/or around water. The plant nutrients in the animal Waste should he used to reduce the amatint of commercial fertilizer required for the croon on the fields where the waste is to be applied_ This waste utilization nlan uses nitrogen as the limitino nutrient. Waste should be analvzed before each aonlication cycle and annual soil tests are encouraged so that all olant nutrients can be balanced for realistic yields of the crop to be orown. Several factors are important in implementkna Your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be crown and the nutrient content of t.hp waste. Do not aooly more nitrooen than the crop can uti1i7a. Soil tvoes are imoortant as thev have different infiltration rates and leachine potential. Waste shall not he aoolied to land eroding at greater than 6 tons oer acre oer veer. Go not aDDly waste on saturated soils or an land when the surface is frozen. Either of these conditions may result in runoff to surface waters. Wind conditions should also be considered to avoid drift and downwind odor oroblems. To maximize the value of nutrients for crop production and to -reduce the potential for pollution. the 1�4aste should be aoolied to a arowina crop or not more than 30 days prior to Dl.antina. Iniectino the waste or diskina will conserve nutrients and reduce odor problems. The acres needed to aoply the animal waste is based on typical nutrient content for this tvoe of facility. Acreage requirements may be more or less based on the waste analvsis reoort from vour waste management facility. The desion.of your waste management facility is based an the following: Amount of Waste Produced Per Year: ---------------------------------- 4500 animals x 1.9 tons waste/animal/vra ASSO tons total wAgta 3a7 7-I Page 2 Amount of Plant Available Nitroqen Produced Per Year: ----------------------------------------------------- 4500 animals x 2.30 lbs. N/animal/veer R 18350 lbs./vr Available N Applying the above amount of waste is a bia Job. You should clan time and have appropriate equipment to cooly the waste in a timely manner. Your facility is desioned for 180 days of storage. Therefore, it will need to be numned every F months.. Tract Field Soil Cron Yield Ubs. N Acres t.bs. N Month to No. No. Tvoe Code Per Ac. Used A001v 0. 5747 1 Wa8 6 7 Tons 400 27.0 10800 MAR—AUG Total 27.0 10800 Available Nitronen 1.0360 Surolus Or Deficit -450 Crop codes: 1-Cereal grain: 2-Corn: 3=Fescue: 4-Range Gr. Bermuda 5-Control Grazed Bermuda; 6-Hayland Bermuda Narrative of Operation: ----------------------- / ,I ! �Y�r�►r�l C'04 Je op k see ee' iK �,O/rpg�L4elw zed 9 w� s� jh'f az�� ,f A eA � j sa 1,411/4C-ftllyl- Call the Soil.and Water Conservation District Office after you receive waste analysis report to obtain the amount per a.cre to apply and the irrigation aoplication rate prior to aoolvinq waste. ,�/�f/�. Date Prepared by: �� Na TitlP Concurred in by:_ ,u, Prndu r ` at,,_ (.Coov to aroducer and coov to case file) (31) /. 2 C? - nAt:e WASTE UTILIZATION PLAN ---------------------- Owners name--:PRESTAGE County:CUM$ERLAND Mail Address—:CLINTON Type of production unit----:FAR—FEED Type of waste facility -----:Anaerobic Laqoon Your animal waste management facility has been desioned for a given storage capacity. When the waste reaches the designed level. it must be land applied at a sc7ecified rate to prevent pollution of surface and/or around water. The plant nutrients In the animal waste should be used to reduce the amount of commercial fertilizer required for the crops on the fields where the waste is to be aaDlied. This waste utilization plan uses nitrogen as the limitinq nutrient. Waste should be analyzed before each application cycle and annual soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be Grown. Several factors are important in implementinq your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always aDoly 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 croD can utilize. Soil types are important as they have different infiltration rates and leaching potential. Waste shall not be applied to land eroding at greater than 5 tons per acre per year. Do not apply waste on saturated soils or on land when the surface is frozen. Either of these conditions may result in runoff to surface waters. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution. the waste should be apolied to a growing crop or not more than 30 days prior to planting. InJectina the waste or disking will conserve nutrients and reduce odor problems. The acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreaae requirements may be more or less based on the waste analysis report from your waste management facility. The design of your waste management facility is based on the followinq: Amount of Waste Produced Per Year: ---------------------------------- 1248 animals x 7.3 tons waste/animal/yr- 9169 tons total waste`;.... Pace 2 Amount of Plant Available Nitrogen Produced Per Year: ----------------------------------------------------- 1248 animals x 6.50 lbs. N/animal/year m 8112 lbs./yr Available N Applying the above amount of haste is a big .job. You should plan time and have aporooriate eauioment to applv the waste in a timely manner. Your facility is designed for 180 days of storage. Therefore. it will need to be pumped every 6 months. Tract Field Soil Crop Yield Lbs. N Acres Lbs. N Month to No. No. Type Code Per Ac. Used Apply 5747 1 Was 6 7 Tons 400 21.0 8400 MAR-AUG Total 21.0 8400 Available Nitrogen 6112 Surplus Or Deficit -288 Crop codes: 1nCerea,l grain: 2=Corn; 3=Fescue: 4=Ranee Gr. Bermuda 5-Control Grazed Bermuda; 6=Hayland Bermuda Narrative of Operation: / ! _ ,6e aye-e5�e , n !0 6 c teem v 6.9 / &4 5 s4 cL. Call the Soil and Water Conservation District Office after you receive waste analysis report to obtain the amount per acre to apply and the irrigation application rate prior to applyinq waste. Prepared by: /"G°� /'�' 217,-� If3 Name Title Cate Concurred in by.,�, Pro Date (Copy to producer and copy to case file) 9%L. t,tl IUIOLLV Y Page I of 3 North Carolina Agricultural Extension Service Agri -Waste Management Biologic and Agrictlt:c Engi? r g North Camit?w State ilruversity L VEMCK U= Sb24P' =G, ANALYSIS AID CLLCMA=00 OF LARD APPLICATION BATES .lames C. Barker* I. SAM.g COLLEC=OB A. Semi -Solid Lot Manure i. Scraped directly from lot into spreader a. From loaded spreader, collect about 2 lbs of manure from different locations using nonmetallic collectors. U. From storage a. Collect about 2 lbs of manure from undar the surface crust avoiding bedding materials and using nonmetallic collectors. B . Liquid byanare Slurr7 i. Under -slotted -floor pit ' a. Extend a 1/20 nonmetallic conduit. open on both ends into manure to pit floor. b. Seal upper end of conduit (a.g., by placing a thumb over and of conduit) trapping manure that has entered lower and, remove and empty slurry into plastic bucket or nonmetallic container. c. Take tubsamples from 5 or more locations or at least 1 quart. d. Mix and add about 3/4 pint to nonmetallic sample container. ii. Exterior storage basin or tank a. bake sure manure has been vell mixed with a liquid manure chopper -agitator pump or propeller agitator. b. Take subsamples from about S pit locations, from agitator pump or from manure spreader and place in a plastic bucket. +L * Professor and Extension Specialist,. Biological and Agricultural Engineering Department, North Carolina State University, Raleigh, NC. ( 6 0 Attachment 8 Page 2 of 3 II. SAISPLB PREPARATION AND TRANSFER {` A. Place sample into an expandable container that can be sealed, Rinse residues from container with clean water but do not use disinfectants, soaps, or treat in any other way. B. Pack sample in ice, refrigerate, freeze, or transfer to lab quickly. C. Hand -delivery is most reliable way of sample transfer. D. If mailed, protect sample container with packing material such as newspaper, box or package with wrapping paper, and tape. E. Commercial sample containers and mailers are also available. Contacts: i. A&L Eastern Agricultural Lab. Inc. iii, Polpfoam Packers Corp. 7621 Whitepine Road 2320 S. Foster Avenue Richmond, 9A 23237 Aheeling, IL 60090 Ph: (804)743-9401 Ph: (312>398-0110 U. Fisher Scientific Go. 3315 Winton Road Raleigh, NC 27604 Ph: (919)876-2351 iv. RASCO 901 Janesville Avenue Fort Atkinson, 71 53538 Ph: (414)563-2"6 F. Private analytical labs are available, but sample analyses are costly. C. The HCDA provides this service for North Carolina residents. i. Address: North Carolina Department of Agriculture Agronomic Division Plant/Waste/Solution Advisory Section Blue Ridge Road Center P.O. Box 27647 Raleigh, RC 27611 Ph: (919)733-2655 Attn: Dr. Ray Campbell ii. Forward $4 along with the sample. iii. Include the following identification information with sample: a. Livestock species (dairy, swine, turkey, etc.) b. Livestock usage (swine -nursery, finishing; turkey -breeders, brooderhouse, grower, number flocks grown on litter; etc.) c. Waste type (dairy -lot scraped manure, liquid slurry; swine -pit slurry, lagoon liquid, sludge; broiler -house litter, stockpile iv. Routine analyses performed on all samples: N, P, E, Ca, dig, Na, S, Fe, Xh, Zn, Cu, B v. Additional analyses performed upon request: DM, No. Cd, Ni. Pb f30 Attaenm£nt b y, Page 3 of 3 Q �. II. SAME PREPARATION AND TRANSFER A. Place sample into an expandable container that can be sealed. Sinse .i.'Yr'•. residues from container with clean water but do not use disinfectants, �.?=K soaps, or treat in any other way. B. Pack sample in ice. refrigerate, freeze, or transfer to lab quickly. C. Hand -delivery is most reliable way of sample transfer. D. If mailed, protect sample container with packing material such as newspaper, box or package with wrapping paper, and tape. E. Commercial sample containers and mailers are also available. Contacts: L. A&L Eastern Agricultural lab, Inc.. iii. Polyfoam Packers Corp. 7621 Tahitepine Road 2320 S. Foster Avenue Richmond, VA 23237 i7heel_ing, rL 60090 Ph: (804)743-9401 Ph:.'(312)398-0110 ii. Fisher Scientific Co. 3315 Vinton Road Raleigh, NC 27604 Ph: (919)876-2351 iv. NASC'O 901 Zanesville Avenue Fort Atkinson, WX 53338 Ph: (414)563-2446 J:-F. Private analytical labs are available, but sample analyses are costly, G. The KCDA provides this service for Korth Carolina residents. i. Address: North Carolina Department of Agriculture • Agronomic Division Plant/Waste/Solution Advisory Section Blue Ridge Road Center P.O. Box 27647 Raleigh, NC 27611 rh: (919)733-2635 Attn: Dr, Ray Campbell ii. Forward $4 along with the sample. iii. Include the following identification information with sample: a. Livestock species (dairy. swine. turkey. etc.) b. Livestock usage (swine -nursery, finishing; turkey -breeders. brooderhouse, grower, number flocks grown on litter; etc.) c. Waste type (dairy -lot scraped manure. liquid slurry; swine -pit slurry, lagoon liquid. sludge; broiler -house litter, stockpile iv. Routine analyses performed on all samples: N, P, R, Ca, fig, Na, S, Fe. Hn, Zn, Cu, B v. Additional analyses performed upon request: DH, No, Cd. Ni, Pb (30 WASTE UTILIZATION PLAN PAGE 1 December 22, 1995 PRODUCER: Prestage Farms, Inc. Px-18 LOCATION: P. 0. Box 438 Clinton NC 28328 TELEPHONE: 4 t a' 55 Z- S 7 71 TYPE OPERATION: Combination Swine Farm NUMBER OF ANIMALS: 5748 swine design capacity The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infilitration rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special pre- cautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on waste application through irrigation for this is the manner in which you have chosen to apply your waste. If you choose to inject the waste in the future, you need to revise this plan. Nutrient levels for injecting waste and irrigating waste are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage require- ments should be based on the.waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. (30) WASTE UTILIZATION PLAN PAGE 2 AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 5748 swine x 3.0723729993 tons waste/swine/year = 17660 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 5748 swine X 3.21189979123'lbs PAN/swine/year o 18462 lbs. PAN/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be,needed for waste application based on the crop to be grown, soil type and surface application. TABLE 1: ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW PER AC AC USED APPLIC. BH TIME 5940 1 GOLDSBORO 0-2% 6.5 325 0 34.5 11212.5 MAR-OCT 5940 0-2% BH 6.1 11 INORFOLK I 1305 10 I5 115225 MAR-OCT 5747 1 0--2% BH 6.5 0 JGOLDSBORO 1325 115.1 14907.5 MAR-OCT 5940 1 SG 1 0 150 139.5 11975 SEP-MAY 5747 11 ISG 11 150 10 115.1 1755 SEP-MAY TOTAL 20375 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of NC to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. (39) WASTE UTILIZATION PLAN PAGE 3 TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE, (Agreementwith adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specification 2.) TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW PER AC AC USED APPLIC. TIME END TOTAL 10 - Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), forage must be removed through grazing, hay and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely interfere with the stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on time small grain is planted in the 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 mowed to a height of about two inches before drilling for best results. * Acreage figures may exceed total acreage in fields due to overseeding. ** lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. Ot*) WASTE UTILIZATION PLAN PAGE 4 The following legend explains the crop codes used in tables 1 and 2 above: LBS N CROP CODE CROP UNITS PER UNIT BH HYBRID BERMUDAGRASS-HAY TONS 50 SG SMALL GRAIN OVERSEEDED AC 50 TOTALS FROM TABLES 1 AND 2 ACRES TABLE 1 109.2 TABLE 2 0 TOTAL 109.2 AMOUNT OF N PRODUCED *** BALANCE 20375 0 20375 18462 -1913 t9t3 _ L•Z At. OVCR 3°5 Wwa-r i f. nEECEQ *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 3037.8 pounds of plant available nitrogen (PAN) per year in the sludge that will need to be removed on a periodic basis. This figure is PAN when broadcasting the sludge. Please be aware that additional acres of land, as well special equipment, may be needed when you remove this sludge. WASTE UTILIZATION PLAN PAGE 5 See attached map showing the fields to be used for the utilization of waste water. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of waste being stored in your structure be within 1.7 feet of the top of the dike. If surface irrigation is the method of land 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 Tables 1 and 2. Failure to apply the recommended rates and amounts of Nitrogen shown in the tables may make this plan invalid. Call your technical, specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application rate prior to applying the waste. NARRATIVE OF OPERATION: Soils are heaver and wetter than a Wagram. It is of the opinion that these soils will respond like a Goldsboro soil. Rye will be baled in the spring to remove the nutrients. [4Z) . r . WASTE UTILIZATION PLAN PAGE 6 Plans and Specifications 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited.. Illegal discharges are subject to assessment of civil penalties of $10,000 per day by the Division of Environmental Management for every day the discharge continues. 2. The Field office must have documentation in the design folder that the producer either owns or has long term access to adequate land to properly dispose of waste. If the producer does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy of a written agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet,,but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater than 20 tons per acre per year and appropriate filter strips will be used where runoff leaves the field. These filter strips will be in addition to "Buffers" required by DEM. (See FOTG Standard 393 - Filter Strips and Standard 390 Interim Riparian Forest Buffers). 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when the wind is blowing. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" in the MRCS Technical Reference - Environment file for guidance. 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in orderto control conditions conducive to odor or flies and to provide uniformity of application. a. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that no more than 20 to 25 percent of the leaf area is covered. �� 3� � . r WASTE UTILIZATION PLAN PAGE 7 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients: Waste shall not be applied more than 30 days prior to planting of a crop on bare soil. 11. Animal.waste shall not be applied closer than 25 feet to surface water. This -distance may be reduced for'waters that are not perennial provided adequate vegetative filter strips are present. (See Standard 393 - Filter Strips) 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right -of ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted wetlands provided they have been approved as a land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge into water courses, except when applied at agronomic rates and the application causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. Lagoons and other uncovered waste containment structures must maintain a maximum operating level to provide adequate storage for a 25-year, 24-hour storm event in addition to one (1) foot mandatory freeboard. 18. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be provided for these areas and shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. 19. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and imple- menting a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 20. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent.breakdowns,�heaks, and spills. A regular maintenance checklist should`be•.kept on site. 4) WASTE UTILIZATION PLAN PAGE 8 NAME OF FARM: PX-18 OWNER / MANAGER AGREEMENT I (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the ap- proved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and/or storage system or construction of new facilities will require a new utilization plan and a new certification to be submitted to DEM before the new animals are stocked. I (we) understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also cer- tify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff occurs. NAME OF FACILITY OWNER: Prestage Farms, Inc. SIGNATURE: P, a�. � _ ,L,-, k_ X.a"+DATE : 12.1 2 -8- 1 9 S NAME OF MANAGER (if different from owner): please print SIGNATURE: DATE: NAME OF TECHNICAL SPECIALIST: John M. Ray, Jr. AFFILIATION: Natural Resources Conservation Service ADDRESS (AGENCY): 121 East Mountain Drive, Rm 229 Fayetteville NC 28306 SIGNATURE: DATE: (¢s) WORKSHEET FOR CALCULATING PAN AND TONS OF WASTE FROM COMBINATION SWINE OPERATIONS Operation Cods: 6 Combination Swine Farm APPLICATION METHOD: I Irrigation Type Operation NUMBER OF WEAN TO FEEDER PIGS: NUMBER OF FEEDER TO FINISH HOGS: NUMBER OF FARROW TO WEAN SOWS: NUMBER OF FARROW TO FEEDER SOWS: NUMBER OF FARROW TO FINISH SOWS: TOTAL NUMBER ANIMALS: TONS OF WASTE PRODUCED PER YEAR: Number Tons Waste PAN Animals per Animal per an. .40 .48 4500 1.9 2.3 6.1 5.4 1248 7.3 6.5 19.9 26 5748 WEAN TO FEEDER: 0 tons FEEDER TO FINISH: 8550 tons FARROW TO WEAN: tons FARROW TO FEEDER: 9110.4 tons FARROW TO FINISH: 0 tons TOTAL WASTE: 17660.4 tons WEAN TO FEEDER: 0 The FEEDER TO FINISH: 10350 lbs FARROW TO WEAN: lbs FARROW TO FEEDER: 8112 lbs FARROW TO FINISH: 0 lbs TOTAL PAN: 18462 AVERAGE TONS OF WASTE PER ANIMAL PER YEAR: AVERAGE PAN PRODUCED PER ANIMAL PER YEAR: SLUDGE PAN PRODUCED PER YEAR: BROADCAST 3.0723729993 3.21189979123 WEAN TO FEEDER: 0 lbs FEEDER TO FINISH: 1665 lbs FARROW TO WEAN: lbs. FARROW TO FEEDER: 1372.8 lbs FARROW TO FINISH: 0 lbs TOTAL SLUDGE PAN: 3037.8 lbs AVERAGE SLUDGE PAN PER ANIMAL PER YEAR: 0.528496868476 (it6 ) Px-Ia Cumsr&LAn4 Co, "RAW!` FROM ASC % epp,,,C, M A A SR . 2o3F 0 ,jr,4 ItoAG SCAi.r: I'' = Co G o PRIOR To 10/31145 "Ctw 53.0 AC. AVAiLAgai e Foxe SPAAJ F,.C, a C 8jo-,-s S . t /K-fa Cvm%sP-rAAb to. -DRevJf% Kieom Ase-s OFjr,,.L NEAP Scats I " = G (PC' * ADbi'T+o►iAL LAnT> G.EAaej FoR SPRAY FoELD 4FTrR joll,195 APPRor. 59.5 ACReS AVAi(.A64t FOR SPJQAY FiEtp E 3(jrretS GGc 0 .Prom: OSelf <NROAR07/NlEW508> -.GTo::0<diannew@dem.ehnr.state. nc.us>. OSub i.ect : GRe : Attachment 11 ODate: OWed. 25 Oct 1995 Q9:55:02 O > From: <diannew@dem.ehnr.state.nc.us> > Organization: DEM Water Oualtv > To: mWicker@fro.ehnr.state.nc.us Date sent: Tue. 24 Oct 1995 9:34:59 EST > Subect: Attachment 11 > Priority: normal > I have talked with this to Dennis earlier. These letters need to come > from APH because he is the only one who has the authority. This is how > the AGO handled Oceanview. This letter says the Division ^intends to > Revoke and only APH can do. I agree it would be faster if these went > from the Reaion. I still disagree We have chanced letter to sav the"region intends to recommend to the Director that he revoke. How -is this different than the letters we send that say the regions intend to recommend enforcement action for thedirector to enact? Onlv_ he can assess the civil Denalties: this seems to be the same issue? Since these are draft letters right now. why don't we try this one out on this case? I don't think we will actually have to revoke this hermit status in this case. He hae--a certified elan . he just needs to submit it to DEM and then begin fo lowing it.> C15"" �u 2� -'r q Q e VAI fµ r WASTE UTILIZATION PLAN ---------------------- Owners name--:PRESTAGE Fx-18 Countv:CUMAERL.ANn Mail Address—:CLINTON Type of production unit---- :FEED —FIN Tvoe of waste facility ------ :Anaerobic Lagoon Your animal waste management facility has been designed for a given storage caoacity. When the waste reaches the designed level. it must be land aDDlied at a sneci.fied rate to nrpvpnt pollution of surface and/or around water. The plant nutrients in the animal waste should be used to redrar.e the amount of commercial fertilizer required for' the crops on the fields where the waste is to be aonl.ied. This waste utlli.zation nlan uses nitroaen as the limitina nutrient. Waste should be analyzed before each aDDl.ication cvr.l.e and annual, soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are imoortant in imolementina your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is aDDlied in an environmentally safe manner. Always apply waste based on the needs of the crop to be arown and the nutrient content of the waste. Do not aDDly more nitrogen than the r.ron can Utfl.17R. Soil types are imoortant as they have different infiltration rates and leachina potential. Waste shall. not he anol.i.ed to land erodina at greater than 5 tons Der acre Der year. Do not apply waste on saturated soils or on land when the surface is frozen. Either of these conditions may result in runoff to surface waters. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop orndrlction and to reduce the notenti.al for pollution. the waste should be aDDlied to a arowina crap or not more than 30 days prior to DIantina. Iniectina the waste or diskina will conserve nutrients and reduce odor problems. The acres needed to anDly the animal waste is based on tvoi.cal. nutrient content for this tvoe of facility. Acreane reauirements may be more or less based on the waste analvsis report from vour waste management facility. The design of your waste management facility is based on the faIIowinn: Amount of Waste Produced Per Year: ---------------------------------- 4500 animals x 1.9 tons waste/animal/vr= 8550 tons total writ' Paae 2 Amount of Plant Available Nitrooen Produced Per Year: ----------------------------------------------------- 4500 animals x 2.30 lbs. N/animal/veer 10350 l.bs./vr Available N Aoplv.inq the above amount of waste is a bia Job. You should plan time and have anprooriate eQuinment to apply the waste in a timely manner. Your facilitv is desioned for 180 days of storage. Therefore. it will need to he numned evpry 5 months_ Tract Field Soil. Croo 'Yield Lhs. N Acres I.bs. N Month to No. No. Type Code Per Ac. Used AODly 5747 1 WaB 6 7 Tons 400 27.0 10600 MAR—AUG ----- ----- ----- ----- ----- .____ ----- ----- __---- Total 27.0 10800 Available Nitrogen :1.0350 Surplus Or deficit —450 Croio codes: 1-Cereal arai.n: 2=Corn: 3=Fescue; 4=Range Gr. Bermuda 5-Control Grazed Bermuda; 6=Havland Bermuda Narrative of Operation: ----------------------- Call the Soil and Water Conservation District Office after you receive waste analysis report to obtain the amount per arse to aooly and the irrigation application rate prior to aoolvina waste. Prepared by: N Tttlp t7ate Concurred in bv:�,,�,�, /- 29-93 P r o d u r Date (Copy to producer and copy to case file) i WASTE UTILIZATION PLAN Owners name--:PRESTAGE Px-if Mail Address—:GLINTON Type of production unit---- :FAR —FEED FgGsly, �'Z VEC 12 W ENV. MANAGEMENT FAYETTEVILLE REG. OFFICE Countv:CUMBERLANO Type of waste facility -----:Anaerobic Lagoon Your animal waste management facility has been designed for a qiven storage capacity. When the waste reaches the designed level, it must be land applied at a specified rate to prevent pollution of surface and/or qround water. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops on the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limitinq nutrient. Waste should be analyzed before each application cycle and annual soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementinq your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitroqen than the crop can utilize. Soil types are important as they have different infiltration rates and leaching potential. Waste shall not be applied to land eroding at greater than 5 tons per acre per year. Do not apply waste on saturated soils or on land when the surface is frozen. Either oftrhese conditions may result in runoff to surface waters. Wind conditions should also be considered to avoid drift and down iw nd odor problems ` to maximize the value of nutrients for crop production and to reduce the potential for pollution. the waste should be applied to a qrowina crop or not more than 30 days prior to plantina. In.ie tc na the w� as e or diskinq will conserve nutrients and reduce odor problems. The acres needed to apply the animal waste is based on typical nutrient content for this type of facility. A6reaae requirements may be more or.less based on the waste analysis report from your waste manaaement facility. The design of your waste manaaement facility is based on the following: Amount -of Waste Produced Per Year: ---------------------------------- 1248 animals x 7.3 tons waste/animal/vr= 9169 tons total waste Paae 2 Amount of Plant Available Nitrogen Produced Per Year: ----------------------------------------------------- 1248 animals x 6.50 lbs. N/animal/year 8112 lbs./yr Available N Applying the above amount of waste is a biq .job. You should plan time and have appropriate equipment to apply the waste in a timely manner. Your facility is designed for 180 days of storage. Therefore. it will need to be pumped every 6 months. Tract Field Soil. Crop Yield Lbs. N Acres Lbs. N Month to No. No. Type Code Per Ac. Used APD1v ----- ----- ------ ----- ----- ----- ----- ------------ 5747 1 Wa8 6 7 Tons 400 21.0 8400 MAR-AUG " Or-l-K Total 21.0 8400 Available Nitrogen 8112 Surplus Or Deficit -288 Crop codes: 1-Cereal grain: 2-Corn: 3-Fescue; 4=Range Gr. Bermuda 5=Control Grazed Bermuda; 6-Hayland Bermuda Narrative of Operation: ----------------------- Call the Soil and Water Conservation District Office after you receive waste analysis report to obtain the amount per acre to apply and the irrigation application rate prior to apolyinq waste. Prepared by: �G Z1zVO3 Name Title Date Concurred in b, /,a - -q-,? Pra Date (Copy to producer and copy to case file) V V 7l✓ �0` dV .11 G� �y r �' k �h y �✓ 1 U Ot`a 1�L ANIMAL OPERATION INSPECTION FORM V" 1. Date of Inspection: October 18 1995_,._. p r 2. Regional Office: .Faye.tteville; Water Quality Section Sy' 3. Name of Owner Of Property: Prestage Farms Inc. Registered Agent: Prestage Farms Inc. 4. Name of Operator: Prestage Farms Inc. 5. Address: Post Office Box 438 Clinton, NC 28328 6. Phone Number: (910) 592-5771 u rr ��v ,nC •1 `y 1f'4f �Q S i 1{ y„a 15 a s J V W ,. 7. Description of Facility Location, Map excerpt attached. `;� 4 �� q .^ The swine facility is located on SR 2036-approxiumately 1 miles<<,t F'`` mot.•' from the intersection of NR 2036 and242 travelling wet 8. Date this facility began operation: July 31, 1993 Based on information provided by Prestage F ra ms .Inc. 9. Date of last expansion: The facility has not expanded since original construction. 10. Has the facility registered with D®M YES x NO If yes, date of registration 11. Does the facility have an approved Animal Waste Management Plan YES_ NO X Is one required? YES 00 NO*, Date Approved: NA 12. Has this facility received a CAFO Designation? YES— NO x If yes, date issued: -ry Page 2 of 7 13. Type of Operation: Swine, Farrow to feeder 14. Number and type of livestock: 1250 Swine 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. Twelve (12) months. 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Grass has been partially established on the designated spray fields. However there are large areas of the spray field that are totally void of vegatation. Additionally spray fields were not established in such a way to maximize uptake of waste and there were numerous channels of erotionvyhich indicated past runoff. 17. Type of Waste Management System: Waste m is the 5jgndjrd flushing system of slotted floors over flushing pits, Waste is flushed as needed from floor or pits into waste lagoon prior to spray irrigation. Lagoon water is recycled as flush water. On N� 18. Description of other animal opera ons in immediate vicinit ,aad roxim.t to same or other surface waters: There r threef rm in he " i inN ! Th re approximately one half to three fourths of a mile- from the Beaverdam Creek. - X-1 19. Proximity of facility to neighboring houses, wells, etc.: The facility is apy roximately one quarter to one half mile from the nearest home well. etc, 20. Approximate depth of ground water table in the area of the facility or discharge? Approximate depth is 8-10 feet. ( As per FARO Groundwater Section estimate) 21. Proximity of facility to surface waters: Fagility (edge of lagoon) is located approximately 100 yards from Beaverdam -Creek.__ Page 3 of 7 22. Animal waste discharged. Swine \.I 4 23. Are pollutants discharged in the waters of the State? _Y&L If so, how? Runoff from oversaturated spray fields is flowing directly into wetlands area that buffers Beaverdam Creek. Runoff was visually traced by observation at time of runoff by a local resident. 24. Do or have discharges occurred in response to a storm event less severe than the 25-year, hour storm? YES, It has been determined that discharges of waste have occured due to the lack f attention to detail, On more than one occasion there have be en instances of over application of waste 1Q the designated, r y fields. This over applicati_ n�r�sulted n massive pondina and the eventual exiting of waste from the spry fields via numerous eroded channels. 25. What is the degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the violation?: The discharge has caused the in rQduction of nutrients into the wetlands area. that can cause or add to the possibility of algal blooms and accelerated_eutrohication of the waters of the receiving stream, _ Also— samples taken indicate elevated fecal coliform levels downstream of the facility 26. What is the duration and gravity of the violation?: Based on observations made rip the investigation DEM staff observed discharge thal lasted at least over 124 hour Wriod. A video f the suray am indicates he evidenfp qf large i i f waste water runoff, This f violation exibits a lack of attention to detail in the proper application of waste. It also indicates a lack in emphasis of the importance of mon torinthe.polication of waste in order to avoid 0u h n incident as this h violations n onlyaffectwater quality buth e im li ins has O proceed beyond the realm of water quality issues and can sway up blic_pgrception negatively I the re>~y adding stress to an already sensitive issue] 27. Water Quality Assessment: Based on the results of samples taken upstream and downstream of the aro_gf interest, and other _inyestig to •on of the site and s_urrounding_area there is minimal impact at this time to waters of the state. There was no evidence of degradation to plant and animal life in Beaverdam Creek or any signs of algae blooms, dissolved oxygen depletion or other problems that would effect the standards established for acceptable water quality. However continued violations of this sort can result in adverse effects on water quality. z e 5 of 7 28. What is .the cost of rectifying the damage?: The writer obseryed ng greash 1 n activifirm would be recl2mmended. Any glWup1 ver imRacts tQ ncaLb-y wetlands, There has been no report of downstream impacts outside the area of the investigation, gG�L,J, nor 29. What is the amount of money saved by noncompliance?: There was no'money saved by noncompliance. Prestage Farms was in the process of preparing the land application site when the violation occured. However all preparation of land application sites should have been completed prior to any application of waste. All efforts should have been made to achieve this end. 30. Was the violation committer) willfully or intentionally?: YES _ NO X Explain: There was no obvious intent to commit a violation on the part of Prestage Farms. As stated earlier this is a case of failure of paying attention to detail. 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority? There have been no compliance violations recorded by this office concerning PX-18. 32. What is the cost to the State for the enforcement procedures?: Regional Costs are as follows: Photo, film and developing: $6.00 Mileage: 0.20 per mile for 120 miles: $24.00 Fecal Coliform Analysis: $8.00 Michael D. Moody 40 hours $526.00 Grady Dobson 2 hours h $53.38 Paul Rawls 2 hours �, ti $35 32 -3 Michael Wicker P.E. (Sup;rvisory Review) ' 2 hours Q 24.48 4 $.48 — ug Kerr T. Stevens (Supervisory Review \ �" - ! ^ i 3 Office Review ' $100.00 Total $808.44 14, �L«x- 33. Type or general nature of business: Swine. Farrow to Feeder 13.t•��,- 34. What is the violator's degree of cooperation or recalcitrance: Prestage Farms has been very cg=rative in this entire mi filer, Mr. Glgn Clifton and Ms. Dgbprah Johnson have been very responsive to any questions that this office has had during this investigation. 35, Are there any Mitigating Circumstances?: Yes. Prestage Farms has a waste utilization management plan. This violation puts them In direct conflict with the terms of this a�ou plan. (Application of waste to saturated soils, application of waste to a growing crop, etc.)C,, Additionally on 24 May 1995 during a compliance inspection this office " recommended that future application of waste be done after cover crop is in place to maximize -pan- uptake."n- 36. Assessment Factors: a. IWC b. Receiving Stream : Beaver am reek c. Damage Yes _ No x (Based on samples taken at time of the investigation) If YES, include report from Wildlife Resources Commission. 37, Include a copy of gny DgAignation letter signed by the Direc r. NIA Page 7 of 7 38. Recommendations Made to Owner/Operator: At the time of the investigation, 1. Take immediate action to establish proper spray field. 2. Immediately establish plan to properly apply waste. 39. Recommendations for further DEM Action: - Notice of Violation {Forwarded October 31, 1225) s�.� - Enforcement Action �ti•-� �.�. Reins ec3 tion RevocationDcgmed Statu — V 40. `f Other Comments: ✓ " '__ _ C..'LY �. � s-. � � i 1 •� Yin L.hh �C he/��` 'A (►"� t�'y.,b .1n-{1 c'.d�> Prestage Farms, April 29, 1996 CERTIFIED MAIL Mr. Kerr T. Stevens, Regional Supervisor N.C. Department of Environment, Health and _Natural Resources Fayetteville Regional Office Wachovia Building, Suite 714 Fayetteville, North Carolina 28301-5043 Dear Mr. Stevens: In my written communication to you dated December 28, 1995 regarding Prestage Farms' PX-18, I outlined a series of actions to be made on the farm by April 30, 1996. This letter is intended to provide summary of our actions to date. 1. Areas have been cleared and prepared for the establishment of permanent vegetation. 2. Disking and land smoothing of field areas have been completed. 3. All preparations have been made for the sprigging of coastal bermudagrass in fields #1, #2, and #3. Field analysis has been completed and the contractor is prepared to proceed with the sprigging. (Frequent rain has led to scheduling conflicts for completion.) 4. An operator has remained on site during all irrigation events. This practice will continue to ensure evaluation of the irrigation system and spray field to prevent over -application. 5. Application records are being maintained for each irrigation event. In addition, 1 have scheduled an appointment with Mr. Michael Moody of your office for May 3 at the farm site. This will allow Mr. Moody an opportunity to visually review and evaluate the actions we have completed. r HIGHWAY 421 SOUTH • P. 0. BOX 438 • CLINTON, N. C. 28329 • PHONE (910) 592-5771 Facility Number. L(C . 4 Division of Environmental Management Animal Feedlot Operations Site Visitation Record - • - Date:��� . Time. General Information: Farm Name: Y Owner] On Site Mailing �,.Caunty'. bone No: . Vuf�kn , �LYV1 Physical AddressUcation: ►hL-as.a &L %Y „ .�_ - SQ. Zo_ Yo Latitude:_ _ —J Lon 'tulle• • (based on design characteristics) Type of Swine No. of Mimois . Type of Poultry No. of Aniinatr Type of Cattle No. of Animals O Saw 0 Layer ©Dairy ❑ Numery 0 Nos -Layer 0 Bad Zg Other a of IJveztock Number of Anlnsals: Number of Lagoons (include in the Drawings and DbservaUons the freeboard of each Iagom) bg1litj Inspection: Lagoon Is lagoon(s) freeboard less than 1 foot + 25 year 24 boar storm storage?: Yes ❑ No .Is. seepage observed from the lagoon?: Yes 0 No Is erosion observed?: Yes U No'® Is any discharge observed? Yes O No- 0 Man-made 0 Not Man-made Cover Crop CoA4)1L 760,tfAV 1 1��i1� ,� i'f Q— Does the facility need more acreage for spraying?: Xes 0 No �J Does the cover crop need improvement?: Ts '� ' � Yews 0 No ( list the crops which need bVrawmew) W u e / Crop type���,.— .�� Acreage. 5 Setback Crflarfa .:.. _ Is a dwelling located within 200 feet of waste application? .: Yes 0 Nog Is a well located within 100 feet of waste application? = Yes 0 Is animal waste stockpiled within 100 feet of USQS Blue Line Stream? Yes 0 No U animal waste land applied or spray irrigated within 25 feetof Blue Line Stream? Yes 0 Nob ADI - Janes 17t199b �-%IKG(C, V Maintenance Does the facility maintenance need improvement? Yes D No Is there evidence of past discharge from any part of the operation? Yes O No m Does record keeping need improvement? Yes 0 Na'O Did the facility fail to have a copy of the Animal Waste Management Plan on site? .Yes a No Explain any Yes answers-, Signature: Date: er: Facility Assessment URk .. Use Aund manu (Needed RraAngs or be a • ,-Z ;u u{RF+�!- •.�.S.�Y. :e. r- �si�.'itiinr.r r7�w�t* 7+�*�t1 f1t�l' II.;.�«i:,•+�•����Fr• w��a••rw�.• AOI janum71749% 0 Prestage Farms, Inc. April 29, 1996 CERTIFIED MAIL Mr. Kerr T. Stevens, Regional Supervisor N.C. Department of Environment, Health and Natural Resources Fayetteville Regional Office Wachovia Building, Suite 714 Fayetteville, North Carolina 28301.5043 Dear Mr. Stevens: 1 Me 102"WED MAY 1 1996 ENV. MANAGl- LENT FAYETTEViLLE REG. a-rr Ivc In my written communication to you dated December 28, 1995 regarding Prestage Farms' PX-18, I outlined a series of actions to be made on the farm by April 30, 1996. This letter is intended to provide summary of our actions to date. Areas have been cleared and prepared for the establishment of permanent vegetation. 2. Disking and land smoothing of field areas have been completed. 3. All preparations have been made for the sprigging of coastal bermudagrass in fields #1, #2, and #3. Field analysis has been completed and the contractor is prepared to proceed with the sprigging. (Frequent rain has led to scheduling conflicts for completion.) 4. An operator has remained on site during all irrigation events. This practice will continue to ensure evaluation of the irrigation system and spray field to prevent over -application. 5. Application records are being maintained for each irrigation event. In addition, I have scheduled an appointment with Mr. Michael Moody of your office for May 3 at the farm site. This will allow Mr. Moody an opportunity to visually review and evaluate the actions we have completed. HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329 • PHONE (910) 592-5771 irr}1cr fi fI �w Mr. Kerr T. Stevens Page 2 April 29, 1996 Should you need clarification regarding any of this information please contact me. Sincerely, �,,.r..,. 0-6 G=.+ Glenn Clifton Technical Specialist GC:d j ANIMAL OPERATION INSPECTION FORM 1. Date of Inspection: October 18 1995_ 2. Regional Office: Fayetteville, Water Quality Section 3. Name of Owner Of Property: Prestage Farms Inc. Registered Agent: Prestage Farms Inc. 4. Name of Operator: Prestage Farms Inc. 5. Address: Post Office Box 438 Clinton, NC 28328 6. Phone Number: (910) 592-5771 7. Description of Facility Location, Map excerpt attached. The wine facility is locatpd on SR 2036 gpproximgjely1,6 mile from the intersection of SR 2036 and US 242 travelling west. 8. Date this facility began operation: July 31, 1993 (Based on information proyided by Prestage Farms_ Inc. 9. Date of last expansion: The facility has not expanded since original construction. 10. Has the facility registered with DEM YES x NO If yes, date of registration 11. Does the facility have an approved Animal Waste Management Plan YES— NO X Is one required? YES_ NO X Date Approved: NA 12. Has this facility received a CAFO Designation? YES— NO x If yes, date issued: 13. Type of Operation: Swine. Farrow to feeder 14. Number and type of livestock: 1250 Swine 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. Twelve (12) months. Page 2 of 5 15. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Grass has been partially established on the designated spray fields. However there are large areas of the spray field that are totally void of vegatation. Additionally spray fields were not established in such a way to maximize uptake of waste and there were numerous channels of erosion which indicated past runoff. 17. Type of Waste Management System:. Wasj, System is the standard flushing, systgm of slotted float goer flushing RiAL Waste is flushed as needed from fir or pits into waste lagoon prior to spray irrigations Lagoon water is recycled as flush water. On an "As need" basis —the lagoon is spray irrigated- Qnto de-s: mated ray fields. The spray system is a solid set system with stanary risers positioned throughout the spray fields. 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: There are two -or three farms in the immediate vicinity —They are approximately one half to three fourths -of _a_mile from the Beaverdam Creek, 19. Proximity of facility to neighboring houses, wells, etc.: The facility i5gpp roximately one quarter to one half mile from the nearest home, well. etc. 20. Approximate depth of ground water table in the area of the facility or discharge? Approximate depth is 8-10 feet. ( As per FARO Groundwater Section estimate) 21. Proximity of facility to surface waters: Facility (,edge of lagoonl is located approximately 100 yards .from Beaverdam Creek. 22. Animal waste discharged. win Witnesses: Michael D. Moody DEM M Fayetteville Regional Office_(910) 486-1541. Clarence Halfcock 1 Resident V\ t,' m'i- 23. Are pollutants discharged in the waters of the State? Yes If so, how? Runoff from oversaturated spray fields is flowing directly into wetlands area that buffers Beaverdam Creek. Runoff was visually traced by observation at time of runoff by a local resident. 24. Do or have discharges occurred in response to a storm event less severe than the 25-year, hour storm? YES. It has been determined that discharges of waste have Ng ured due tQ the lack of attention to detail, On more than one occasion there have been instances of over application of waste to the designated spray fields. This over application resulted in massive_ n�ding and the eventual exiting of waste from the spray fields via numerous eroded channels. Page 3 of 5 25. What is the degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the violation?: The discharge. has caused the introduction f nutrients into thewetlands area, h n cggg, Qr add to thei ili f algal blooms and aggelerated eutwuhicationf the Wgtersf the Mgiving stream, Al- o. m l a ndi elevated fecal_coliform levels downstream of the facility, 26. What is the duration and gravity of the violation?: Bascd investigation DEM staff observed discharge that- lasted _at- on observationsri least over a 24 hour period, h A video of the y area . dicates_the evidence of large quan,xities of wastewater runoff, This ty_ppe of violation pxibits h lack of gtention. tg detail in the pro gr application of waste. It also indicates alack in_emphhasiLaf the importance of -monitoring thg application of wg5te in order to avoid such an incident as this. Such violations not only affect water quality but have im lication xhat proceed beygnd the realm of water quality issues and can sway public perce to 'on_negatively thereby- ding stress to an already sensitive issue. 27. Water Quality Assessment: Based on 1-he—results of samples taken upstream and downstream of the of interest —and other investiaatiQ-n--of the site and surrounding area there is minimal impact at this time to waters of the state. There was no evidence of degradation to plant and animal life in Beaverdam Creek or any signs of algae blooms, dissolved oxygen depletion or other problems that would effect the standards established for acceptable water quality. However continued violations of this sort can result in adverse effects on water quality, 28. What is the cost of rectifying the damage?: The wnler—ob_served no areas that cleanup activities would be recommended. A,n, ccllmup would gause adverse impagJ5 to nearby wetlands. There has been no report of _impacts outside the area of the investigation, 29. What is the amount of money saved by noncompliance?: There was no record of money saved by noncompliance. Prestage Farms was in the process of preparing the land application site when the violation occured. However all preparation of land application sites should have been completed prior to any application of waste. All efforts should have been made to achieve this end. 30. Was the violation committed willfully or intentionally?: YES _ NO X Explain: There was no obvious intent to commit a violation on the part of Prestage Farms. As stated earlier this is a case of failure of paying attention to detail. 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority? There have been no compliance violations recorded by this office concerning PX-18. Page 4 of 5 32.. What is the cost to the State for the enforcement procedures?: Regional Costs are as follows: Photo, film and developing: $ 6.00 Mileage: 0.20 per mile for 120 miles: $ 24.00 Fecal Coliform Analysis: $ 8.00 Michael D. Moody 40 hours @ /hr. $526.00 Grady Dobsen 2 hours @ 2� /hr. $ 53.38 Paul Rawls 2 hours 1A . /hr. $ 35.32 Michael Wicker P.E. (Supervisory Review) 2 hours @ 24.48 /hr. $ 48.96 Ken T. Stevens (Supervisory Review) 1 hr. @ $ 31.36 Central Office Review $100.00 Total $833.02 33. Type or general nature of business: Swine. Farrow to Feeder 34. What is the violator's degree of cooperation or recalcitrance: Prestue Farms has been vM cooperative in this en ire matter, Mr. Glen Clifton and Ms. Deborah Johnson have been very responsive to any questions that this office has had during this investigation. State any corrective actions that they have completed to date. 35. Are there any Mitigating Circumstances?: Yes. Prestage Farms has a waste utilization management plan. This violation puts them in direct conflict with the terms of this plan. (Application of waste to saturated soils, application of waste to a growing crop, etc.) (see attachment). Additionally on 24 May 1995 during a compliance inspection this office " recommended that future application of waste be done after cover crop is in place to maximize pan uptake." 36. Assessment Factors: a. IWC : b. Receiving Stream : Beaver Dam Creek c. Damage Yes ,_._ No x (Based on samples taken at time of the investigation) If YES, include report from Wildlife Resources Commission. 37. Include a copy of any Designation letter signed by the Dir r. NIA Page 5 of 5 38. Recommendations Made to Owner/Operator: At the time of the investigation. 1. Take immediate action to establish proper dray field. 2. Immediately establish plan to properly apply waste. 39. Recommendations for further DEM Action: - Notice of Violation (Forwarded October 31- 1995 - Enforcement Agion - Reinspection - Revocation of Deemed States 40. Other Comments: ENFORCEMENT ACTION PRESTAGE FARMS (PX-18) THE FOLLOWING IS A CHRONOLOGICAL LISTING OF THE EVENTS AND SUBSEQUENT ACTIONS TAKEN IN THIS PARTICULAR INVESTIGATION. 1. INITIAL CAFO INSPECTION 2. FOLLOWUP INSPECTION (AFTER COMPLAINT) 3. NOV 4. INITIAL RESPONSE BY PRESTAGE TO NOV 5. LONG FORM CAFO INSPECTION 6. WASTE MANAGEMENT PLAN (PRESTAGE FARMS) 7. TITLE t i -' ANQNAL OPERATION INSPECTION FORM 1. Date of Inspection: October 18 1995 2. Regional Office: Fayetteville, Water Quality Section 3. Name of Owner Of Property: Prestage Farms, Inc./William Prestage Registered Agent: Prestage Farms, Inc./William Prestage 4. Name of Operator: Prestage Farms, Inc. 5. Address: Post Office Box 438 Clinton, NC 28328 6. Phone Number: (910) 592-5771 7. Description of Facility Location, Map excerpt attached. The swine facility is located on SR 2036 approximately 1.6 miles from the intersection of SR 2036 and US 242 travelling west. B. Date this facility began operation: July 31, 1993 (based on information provided by Prestage Farms Inc.). 9. Date of last expansion: The facility has not expanded since original construction. 10. Has the facility registered with DEM? YES X NO If yes, date of registration: December 15, 1993. 11. Does the facility have an approved Animal Waste Management Plan? YES X NO Is one required? YES X NO _ Date Approved: 12/26/95 12. Has this facility received a CAFO Designation? YES _ NO X If yes, date issued: 13. Type of Operation: Swine, Farrow to feeder ANIMAL OPERATION INSPECTION FORM Page 2 of 5 14. Number and type of livestock: 1250 Swine 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. Twelve (12) months. 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Grass has been partially established on the designated spray fields. However, there are large areas of the spray field that are totally void of vegetation. Additionally, spray fields were not established in such a way to maximize uptake of waste and there were numerous channels of erosion which indicated past runoff. 17. Type of Waste Management System: Waste system is the standard flushing system of slotted floors over flushing pits. Waste is flushed as needed from floor or pits into waste lagoon prior to spray irrigation. Lagoon water is recycled as flush water. On an "as need" basis, the lagoon is spray irrigated onto designated spray fields. The spray system is a solid set system with stationary risers positioned throughout the spray fields. 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: There are two or three farms in the immediate vicinity. They are approximately one half to three fourths of a mile from the Beaverdam Creek. 19. Proximity of facility to neighboring houses, wells, etc.: The facility is approximately one quarter to one half mile from the nearest home, well, etc. 20. Approximate depth of ground water table in the area of the facility or discharge? Approximate depth is 8-10 feet (as per FARO Groundwater Section estimate). ANIMAL OPERATION INSPECTION FORM Page 3 of 5 21. Proximity of facility to surface waters: Facility (edge of lagoon) is located approximately 100 yards from Beaverdam Creek. 22. Animal waste discharged. Swine Witnesses: Michael D. Moody, DEM WQ Fayetteville Regional Office (910) 486-1541 Clarence Haithcock, Local Resident 23. Are pollutants discharged in the waters of the State? YF5„ If so, how? Runoff from oversaturated spray fields Is flowing directly into wetlands area that buffers Seaverdam Creek. Runoff was visually traced by observation at time of runoff by a local resident. 24. Do or have discharges occurred in response to a storm event less severe than the 25- year, hour storm? YES It has been determined that discharges of waste have occurred due to the lack of attention to detail. On more than one occasion there have been Instances of over application of waste to the designated spray fields. This over application resulted In massive ponding and the eventual exiting of waste from the spray fields via numerous eroded channels. 25. What is the degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the violation? The discharge has caused the introduction of nutrients into the wetlands area, that can cause or add to the possibility of algal blooms and accelerated eutrophication of the waters of the receiving stream. Also, samples taken Indicate elevated fecal coliform levels downstream of the facility. ANIMAL OPERATION INSPECTION FORM Page 4 of 5 26. What Is the duration and gravity of the violation? Based on observations made during the investigation, DEM staff observed discharge that lasted at least over a 24 hour period. A video of the spray area Indicates the evidence of large quantities of waste water runoff. This type of violation exhibits a lack of attention to detail in the proper application of waste. It also indicates a lack in emphasis of the importance of monitoring the application of waste in order to avoid such an incident as this. Such violations not only affect water quality but have implications that proceed beyond the realm of water quality issues and can sway public perception negatively thereby adding stress to an already sensitive issue. 27. Water Quality Assessment: Based on the results of samples taken upstream and downstream of the area of Interest, and other investigation of the site and surrounding area there is minimal Impact at this time to waters of the state. There was no evidence of degradation to ' plant and animal life In Beaverdam Creek, Class C SW, a tributary to South River, or any signs of algae blooms, dissolved oxygen depletion or other problems that would effect the standards established for acceptable water quality. However, continued violations of this sort can result in adverse effects on water quality. 28. What is the cost of rectifying the damage? The writer observed no areas that cleanup activities would be recommended. Any cleanup would cause adverse impacts to nearby wetlands. There has been no report of downstream impacts outside the area of the investigation. 29. What is the amount of money saved by noncompliance? There was no record of money saved by noncompliance. Prestage Farms, Inc., was in the process of preparing the land application site when the violation occurred. However all preparation of land application sites should have been completed prior to any application of waste. All efforts should have been made to achieve this end. 30. Was the violation committed willfully or Intentionally?: YES _ NO X ANIMAL OPERATION INSPECTION FORM Page 5 of 5 Explain: There was no obvious intent to commit a violation on the part of Prestage Farms, Inc. As stated earlier, this is a case of failure of paying attention to detail. 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority? There have been no compliance violations recorded by this office concerning PX- 18. 32. What Is the cost to the State for the enforcement procedures?: Regional Costs' are as follows: Photo, film and developing: . $ 6.00 Mileage: 0.20 per mile for 120 miles: 24.00 Fecal Coliform Analysis: 8.00 Michael D. Moody 40 hours 0 13.15 /hr. Grady Dobson 2 hours 0 , 26 69 /hr. 53.38 Paul Rawls 2 hours 0 17.66 /hr. Michael Wicker P.E. (Supervisory Review) 2 hours 0 24.48 /hr. 48.96 Kerr T. Stevens (Supervisory Review) 1 hr. 0 31.36 Central Office Review 100.00 $833.02 526.00 35.32 33. Type or general nature of business: Swine, Farrow to Feeder 34. What Is the violator's degree of cooperation or recalcitrance: Prestage Farms, Inc., has been very cooperative in this entire matter. Mr. Glen Clifton and Ms. Deborah Johnson have been very responsive to any questions that this office has had during this investigation. As required by this office, a certified waste management has been submitted along with additional Information concerning proposed corrective actions. ♦ ti Attachment 10 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Manaeement James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. "Preston Howard, Jr., P.E., Director NOV- Lose Deemed Permitted Status and Submit Certified Waste Management Plan Date Name Farm Name Address City, State Zip Subject:LOSS OF DEEMEIPERMITTEISTATUS NOTICEOF VIOLATION As Per 15A NCAC 2H .0217(a)(1) Farm Name County Name Dear NAME: Animal Operations in the State have been deemed permitted by the Division of Environmental Management in accordance with Title 15A of the North Carolina . Administrative Code, 2H, Rule .0217. An individual non discharge permit is not required if certain criteria are met. A major requirement to be deemed permitted is that there must not be a discharge of A" wastewater from the operation to the waters of the State. This letter transmits a Notice of Violation and notification that your animal operation has been found discharging wastewater to the surface waters of the State and is therefore no longer deemed permitted as a nondischarge facility under 15A NCAC 2H .0217. Therefore the existing wastewater treatment system serving your animal operation is currently being operated without a permit as required by North Carolina General Statute 143-215.1. ('Explain specifics of the inspection and what was found.) P.O. Box29535, Raleigh,NorthCarolina27b2b-0535 Telephon&19-733-508* 919-733-9919 An EqualOpportunityAffirmativeAction Employer 50 %recycled 110 % post-consumeipaper .10 Attachment 10 State of North Carolina Department of Envdonment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director If you wish to be reconsidered for coverage by the deemed permitted provision of the Rule, you must: 1)immediately eliminate the discharge of wastewater; 2)make any modifications needed to ensure there will be no future discharges; 3)send in an approved animal waste management plan by completing the attached certification form. This form and a copy of your plan must be returned to: Division of Environmental Management Water Quality Section Planning Branch P.O. Box 29535 Raleigh, NC 27626-0535 P.O. Box29535, Raleigh,NorthCarolina27626-0535 919-733-9919 An EqualOpportunityAffirmativeAction Employer post-consumeipaper Telephont919-733-5083F 50 %recycled /10 % M Attachment 10 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste to . the land in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDASoil Conservation Service, or the North Carolina Cooperative Extension Service. If we have not received the requested certification within 60 days of receipt of this letter or if there are additional discharges to the surface water, a civil penalty of up to $10,000 may be assessed and you may be required to apply for an individual non discharge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. If you have any questions concerning this matter please do not hesitate to contact either (MQRegjogj SacrdscWs Name), Water Quality Regional Supervisor for our (RegimName) at (# # #)-# # #-# # &#Dianne Williams Wilburn at (919) 733-5083, ext. 233. Sincerely, First Name Last Name Regional Supervisor cc:Regional Water Quality Supervisor Name - County Soil and Water Conservation District Name - County Health Department Regional Person's Name - NC Division of Soil and Water Conservation Planning Branch Operations Branch P. O. Box29535, Raleigh,NorthCarolina27626-0535 Telephon®19-733-50831E 919-733-9919 An EqualOpportunityAffirmativeAction Employer 50 %recycled /10 % post-consumetpaper Attachment 10 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director P.O. Box29535, Raleigh,NorthCarolina27626-0535 919-733-9919 An EqualOpportunityAffirmativeAction Employer past-consumexpaper Telephon®19-733-5083F 50 %recycled / 10 % ANIMAL OPERATION INSPECTION FORM 1. Date of Inspection: March_7. 1995 2. Regional Office: Fayetteville, -W-de-L Quality Section 3. Name of Owner Of Property: 751 4. Name of Operator: Ro an ld H t�Gsn. C,E R Inc. 5. Address:' Post Office box 327 6. Phone Number: l9I0l 645-4459 7. Description of Facility Location,1 excerpt The swine facility is IQ!�aj§d jjVpKQXjmgje1y one (1) mile South of Elizabdhtown-on Hn 87, Traveling South -along Hwy 87 jbg &gdity is located oil the West (right) Nidg Qf the highway gVVjQ2jjma1e1y S. Date this facility began operation: 9/15/23,. baaed on comments from Mr. Hutchinson and Mr. Wayne Stanigy. AK Farms,Im., Integrator. comments ftom]Ar- Hutchimon. and Mr. Wayne, ShUlcy, J&K Farms, Inc. 10. Has the facility registered with DEM YES_ x _ NO_ If yes, date of registration 11. Does the facility have an approved Animal Waste Management Plan YES— NO-& Is one required? YES_ NO- - Date Approved: 12. Has this facility received a CAFO Designation? YES_ NOS If yes, elate issued: Page 2 of 7 13. Type of Operation: Swine. Toonine 14. Number and type of livestock: 5-120_Swine, (Eight -buildings each having 640 animals at timeof-investigation, based on comments�. Hutchinson.1 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. Twelve_ ,a months._ 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Grass has been partially established around confinement buildings and lagoon bank lea in front of the buildings was void of vegetation. SRUIyfield was observed to have small er „,d channels with only volunteer vegetation. Mr. H tchinson indicated on the date of the investigation thatxyr, had bren sewn over the sprayfiald. Qbservations during the Wyestizati did not substantiate his coment concerni�g the planting of rye. 17. Type of Waste Management System: ! U0 .. J 1 { IF) 1.1 .1� 1 1 ! . _ .Y .1!A7iiK+sr7ll.I. 0.111. UTI.I.R 1�+ ! • I Q. !� ! 1c. _ _{. • la 1. yl. _L1.� „� 1 / l.L •{ ! •'11 lsI. .._I .l1.+.. { 1. +. _{ ! ` J +1. 1.. 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: None observed or reported to inv_estigators_at_timeof investigation. 19. Proximity of facility to neighboring houses, wells, etc.: 20. Approximate depth of ground water table in the area of the facility or discharge: Unlwowg 1�-10 � 21. Proximity of facility to surface waters: Facilitvsedge of lagoon) is located approximately 300 Page 3 of 7 22. Animal waste discharged. . 1.' Paul Rawls M WQ Eay�tteyille Regional Office, -1210) 486-1541, U.. ►+ _.lil:.. 11l1 :.1: I U_ .111�.. it "r -� : .1:..1.•" e_!! + 1. '.1- 1 / 1 . 1 ! 1_ UMMEM 1 23. Are pollutants discharged in the waters of If so, + At 1.' _ 11 ' 1 I ' 1 I. . I ' . t ! was + . .1.' 1 r,r : ' 1 1 1 1 ._r iwjuahatelv adiacent1 1" .: !11 ir'• !1. swv.v,+PAS were 1r, ous !,c A 1 1 ! 1_I__ 1 . Il . .+. • ! ! + the lagoon, J. 1 4.attached. , +!!.'.,! . !.1'! . 11 / _I'. 1! .r... ..1. _I' 1 : :_I+. unimte=ted visual observatim lu a Unnamed1 1 • to P111m : I 1- indicated on 24. Do or have discharges occurred in response to a storm event less severe than the 25-year, hour storm? YES' It is thr., Qpiuion of the writer that di5£hgges of waste occur routingly e tg the Iocation Qf spray head(s) in drainag"wale_and overloaded spray field,.� traced by a co pIcte-and thor-ouglL investigation of the flow of wastewater to a Unnamed Trihutary to plum Branch., Page 4 of 7 28. What is the cost of rectifying the damage?: 1he wd= observed no areas that clepnup activities would be recommended. Any cleanup_ would cause a s to nearby wetlands. There has been no report of downS=m impacts outside the area of the investigation. 30. Was the violation committed willfully or intentionally?: YES -& NQ— Explain: The location of s= heads in a stormwater diversion channel is in.jif itself 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority?: Regional file information indicates that a compliant was forwarded to the FRO „&Hgg�gg waste-washeing spyedjnta roadside ditch,April 28,_ 1994._The_inveSfigation did not substantiate the complaint. The file also indicated that a Odor Complaint was forwarded May 3' 1994, no violation was 10-7-T-TIM 32. What is the cost to the State for the enforcement procedures?: Regional Costs are as follows: Photo, film and developing: $ 6.00 Mileage: 0.20 per mile for 120 miles: $ 24.00 Fecal Coliform Analysis: $ 88.00 Copies (Bladen County Court House) $ 6.00 Ken Averitte 5 hours @ 19.32 $ 96.60 Paul Rawls 60 hours @ 17.66 $1,059.60 Michael Wicker P.E. (Supervisory Review) 2 hours @ 24.48 $ 24.48 Kerr T. Stevens (Supervisory Review) $ 31.36 Attorney General Office Review $ 100.00 Total $ 1,460.52 33. Type or general nature of business: Swine' J=ing QWration 34. What is the violator's degree of cooperation or recalcitrance: Mr. Hutchinson was oven to discussion cof,cetning lk disharge adrelayed that he was concemed_about_th- discharge. He stet that he did not intend for the waste to "„go to the creek". 35. Are there any Mitigating Circumstances?: NQ 36. Assessment Factors: a. IWC : Visually Estimated at 50% at the intersection of the spiny field discharge and the Unnamed Tributary to Plum Branch at time of investigation. b. Receiving Stream : Unnamed Tributary to Plum Branch c. Damage Yes — No -IL (Based on observations at the time of the investigation) If YES, include report from Wildlife Resources Commission. V. Include -a -copy of my Designation M174WIT177-7417,F-re Directo .A I 40 so.oe, A4rrsf This instrument prepared by F�7AIINCTTLTTOTH a FAIACL/OOTNTH EtII1T0�CAR t1NA BK3878PG0446 53200 RECE;'VED STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND 223499 92 NOV 214 PM 3: 42 GEGrtuL� c. ; ,,M THIS DEED, Made this the 20th day of November, 1992. byFQG14TER L'" i}=EDS CUMBERLAND CO.. NX, KNOWLES And Wife, JUDY KNOWLES, of the County of Cumberland, State of North Carolina, parties of the first part; to PRESTAGE FARMS, INC., a corporation organized and existing under the laws of the State of North Carolina, with its principal office located in Sampson County, North Carolina, party of the second part; WITNESSETH: That the said parties of the first part, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations to them paid by the said party of the second part, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and convey unto the said party of the second part, its successors and assigns, subject to the condition hereinafter set forth, all that certain tract or parcel of land lying and being in Beaver Dam Township, Cumberland County, North Carolina, and being more particularly described as follows: BEGINNING at an existing axle in the Western portion of State Secondary Road No. 2037, a corner in the line of Charles R. Wellons, I1 (Boot 3317, at Page 491, Cumberland County Registry), said beginning axle being located from the Southeast corner of Lot No. 7 (Plat Book 58, Page 41, Cumberland County Registry), South 67 degrees 00 minutes East 2,876.25 feet; thence from said BEGINNING, so located, running South 80 degrees 48 minutes East 937.16 feet to a PK nail set in the centerline of State Secondary Road No. 2036, a corner with Prestage Farms, Inc. (Book 3673, at Page 642, Cumberland County Registry); thence with the line of Prestage Farms, Inc., South 08 degrees 54 minutes West 2,861.70 feet to an existing concrete monument; thence North 80 degrees 28 minutes West 980.56 feet to an existing concrete monument; thence with the line of Arthur Thomas Cavano, to and with the line of John W. Hales, to and with the line of Charles R. Wellans, 11, North 09 degrees 46 minutes East 2,855.87 feet to the beginning, containing 61.18 acres, more or less, and being the same lands shown on that certain plat entitled 'Property of Eva Lucinda Bullard Faircloth Estate`, surveyed by Michael Tate, Registered Land Surveyor, under date of December 2, 1991. This being the same lands conveyed to O. B. Knowles by deed dated August 26, 1992, recorded in Book 3842, at Page 516, of the Cumberland County Registry. SUBJECT, HOWEVER, to the right of Carolina Land And Timber Company of Sampson County, N. C. to remove all timber, pulpwood and trees lying or standing on the lands for a period of two (2) years from August 26, 1992. TO HAVE AND TO HOLD the aforesaid tract or parcel of land, together with all privileges and appurtenances thereunto belonging, unto the said party of the second part, its successors and assigns, in fee simple, but subject to the condition hereinabove set forth. Prestage Farms, Inc. P.O. Box 438, Clinton, N,C. 28328 8K3818PGO441 And the parties of the first part covenant with said party of the second part, its successors and assigns, that they are the owners and lawfully seized of said premises in fee and have a good right to convey the same in fee simple; that the same are free and clear from all encumbrances, except as hereinabove set forth; and that they will forever warrant and defend the title to the same against all other lawful claims. IN TESTIMONY WHEREOF, the said parties of the first part have hereunto set their hands and seals, the day and year first above written. (SEAL) O. B. Knowles (SEAL) Ju2y Knowles STATE OF NORTH CAROLINA COUNTY OF SAMPSON 1, Debra W. Reeves _,a Notary Public in and for said County and State, do hereby certify that O. B. KNOWLES And Wife, JUDY KNOWLES. personally appeared before me this day and acknowledged the due execution of the foregoing and annexed Deed of Conveyance for the purposes therein expressed. WITNESS my hand and Notarial Seal, this the 24th day of November ,1992, r f,vs. Q (Notary vSial) ' 0 NOTARY P U B L I C My Commission Expires: March 11, 1995 islmfe certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Page shown on the first page hereof. GEORGE E. TATUM _ RECIMR OF DEEDS FOR CUMBERLA_ND COUNTY, '� eputylAsoct • Register of Deeds 39141 SK3842PG0516 �,.6 1' Yn,� r- 0•16 "P..)le-s'qO,4 Fourl.iaeeJ l� r. e13 THIS INSTRUMENT WAS PREPARED BY BENJAMIN R. wARR*ECVV5D i30X 1416, CLINTON, N. C. + ���0 �� _g P„fit tz STATE OF NORTH CARflLSNA GE4RCE E. 7ATUM COUNTY OF CUMBERLAND REGISTER CLKERLAJ40 Co. N.C. THIS DEED, made this the Qi' day of August, 1992, by and between CAROLINA LAND AND TIMBER COMPANY OF SAMPSON COUNTY, N.C., a North Carolina corporation with its principal place of buuineas in the County of Sampson, State of North Carolina, hereinafter, whether one or more persons, referred to as parties of the first part, to O. H. KNOWLES, of the County of Cumberland, State of North Carolina, hereinafter, whether one or more persons, referred to as parties of the second parts wITNESSETH That the said parties of the first part in consideration of Ten Dollars ($10.00) and other valuable consideration to them paid by the said parties of the second part, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and Convey unto the said parties of the second part, their heirs and assigna, subject to the reservation of all timber, pulpwood and trees lying or standing on the lAnd for a period of two (2) years next from the date of this Deed, and for the further assumption by the party of the first part of 1992 Cumberland County ad valorem taxes and assessments, all that lot or parcel of land lying and being in Beaver Dam Township, Cumberland County, North Carolina, and more particularly described as followHt • /5zy 0 �1 ex3842Pco5 4 7 BEGINNING at an existing axle in the western portion of State Road 2037 at the northwest corner of need Boole 336, Page 62, and runs thence the northern line, South 80' 48' East, 937.16 feet to a set PK nail at the northeast corner$ thence along the eastern line, South 08' 54' west, 31.59 feet to an existing concrete monument; thence continuing on the same line, South 08' 54' West, 2,830.11 feet to an existing concrete monument at the southeast corner; thence the southern line, North 800 28' West, 980.56 feet to an existing concrete monument at the southwest corner; thence the western line, North 090 461 East, 2,855.87 feet to the point of BEGINNING, containing 61.18 acres, more or less, arid being that tract conveyed to Eva Lucinda Bullard by heed recorded in Deed Book 336, Page 62, of the Cumberland County Registry, and shown on plat of survey by Michael Tate, R L.5. , dated 12-2-51. SUBJECT, HOWEVER, to the following encumbrances: (a) The right to remove all timber, pulpwood and trees lying or standing on the land for a period of two (2) years from the date of this Deed, which right is reserved to the grantor; (b) 1992 ad valorem taxes which the grantee expressly assumest (c) All utility and highway easements and rights of way of record; (d) Any zoning or other restrictions affecting the use of the land for any special assessments levied by the county on the land. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereunto belonging to the said parties of the second part and their heirs and assigns forever. And the parties of the first part for themselves and their heirs and assigns do covenant that they are seized in fee of said premises and have the right to convey the same in fee simple; that the same is free and clear from encumbrances, except as set out above, and that they will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTI14ONY WHEREOF, the said parties of the first BK3842PG0518 f part,have hereunto set their hands and seals, the day and year first above written. CAROLINA LAND AND TIMBER COMPANY ts: r•' OF SAMPSON COUNTY, N. C. rn �' BYs o+, -' y- '*SST t ecrijXary NORTH CAROLINA SAMPSON COUNTY I, 1 .Sni' , , a Notary Public, do hereby certify that JEAN T. HONEYCUTT personally appeared before me this day and acknowledged that she is the Secretary of CAROLINA LAND AND TIMBER COMPANY OF SAMPSON COUNTY, N. C., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by herself as its secretary. :"Witness m hand and Notarial Seal, this day of Y "., •n•� c ;�-JL",g6 t ,, 1992. 1 u. i3 1. C c.; • NOTARY PUBLIC roily�,C�oii ission expiress�l-1t4 — _.em*,r,c nt• rfnnmu lLUlIY.TeSL Tiee foregoing Certiiicat1) of Wwe certi icd to be correct. This instrument and this certificate are duly registered at the date and lime and In the Book and Page shown on the first page hereof. OF DEEDS FOR CUMBERLAND COUNTY, OwaU+.L- Register of Deeds I'l 0 31039 OK3835PGO273 099829 92AUG 21 PH z:52 REGIS rcfD" CUMSEr.;.tiJ C3., K.C. PPreepared by: Rebecca F. Person, Esq. ,. A GGrantee's Address: Carolina Land and Timber Co. of Sampson County Route 5 Hex 149 Clinton, North Carolina 28328 REV - $130.00 NORTH CAROLINA COMMISSIONER'S DEED CUMBERLAND COUNTY THIS DEED, made this the 15th day of August, 1992, by Rebecca F. Person, Commissioner, of Cumberland County, North Carolina, to Carolina Land and Timber Co, of Sampson County, of Sampson County, North Carolina. W I T H E_S_S_E T-11 lil 8 rQ. WHEREAS, the said Rebecca F. Person was appointed Commissioner Wunder an order of the superior Court of Cumberland County, North GT C :Carolina, in the Special Proceeding entitled: Iry Elizabeth Smith Vergus H9rlanaRll rr.C2atg, et Al, file no. 91 sP itY=:►: 9$9 and said Rebecca F. Person was licensed by said order as ! " 4issioner to sell land hereinafter described at public sale; and WHEREAS, after due advertisement according to law, said y �Reb4,ecca F. Person, Commissioner, did on the 14th day of July, 1992, g ;a't; 10:00 o'clock a.m. offer the land hereinafter described at a public sale at the Courthouse door of Cumberland County, Fayetteville, North Carolina; and then and there the said Carolina Land and Timber Co. of Sampson County became the last and highest bidder for said land for the a I M of $64,804.00; and WHEREAS, said Rebecca F. Person, Commissioner, did report said sale on July 14, 1992 and no upset or increased bid having been made with the time allowed by law, and said sale having been 4 confirmed by said Court on July 29, 1992 and said Rebecca F. Person, Commissioner, having been authorized and ordered to execute a need to said purchaser upon payment of the purchase money; and WHEREAS, fifteen (15) days have elapsed since the order Confirming Resale was entered; no petition for revocation or withdrawal having been made within said time; and the terms of the sale having been complied with; r } "RECORD of PCOF OVA1-ITY DUE TO CONDO ION r %0,CUV1F lT." y OX3835PGO274 NOW, THEREFORE, for and in consideration of the premises and the sum of $64,804,00, receipt of which is hereby acknowledged, the said Rebecca F. Person, Commissioner, does by these presents, hereby sell and convey to the said Carolina Land and 'Timber Co. of 41 Sampson County, and its successors, heirs and assigns, that certain parcel or tract of land, situated in Cumberland County, North Carolina, and described on Exhibit "A" attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the aforesaid tract of land, to the said Carolina Land and 'timber Co. of Sampson County and its successors, heirs and assigns forever, in as full and ample manner as said Rebecca F. Person, Commissioner as aforesaid, is authorized and empowered to convey the same. IN WITNESS WHEREOF, the said Rebecca F. Person, Commissioner, has hereunto set her hand and seal the day and year first above written. (SEAL) eeoza F. Person, Commissioner 0 STATE OF NORTH CAROLINA, CUMBERLAND COUNTY I, �unPscRUy uIkjz. , a Notary Public of Cumberland County, North Carolina, de hereby certify that Rebecca F. Person, gpppApsioner, personally appeared before me and acknowledged the ,•' >�•; C ration of the foregoing instrument for the purposes therein t f''' 19 day of Tp S my hand and notaria stamp or seal, this y 1992. 's�?y ;:�1• No —OP, a *..ft ihiasion Expires:_ .l��;^ ? - certifiod to be correct. ThJs Instrument and this certllkele are duly registered at the date and time and In the ad Page shown on the find page hereof. GEORGE E. 7 TUM REGISTER OF DEEDS FOR CUMBERLAND COUNTY, / ' �iF� ,. Deputy/Ank rk- Register of Deeds