820698_ENFORCEMENT_20171231

NO_R I HCAROLINA Idgm
Department of Environmental Quai

April 20, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Allen Cannady
891 Ozzie Road
Clinton; NC 28328
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Deparmment of Environment and Natural Resoumes
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
Allen Cannady
Facility No. 82-698
Sampson County
Dear Mr. Cannady:
Alam W_ Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
You are hereby notified that, having been permitted to have a non -discharge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to
be in violation of your 211.0217 Permit.
On April 12, 2004 staff from the Fayetteville Regional Office of the Division of Water Quality
visited your swine form located in Sampson County as a result of referral from the North
Carolina Division of Soil and Water Conservation. The referral stated that wastewater had been
applied to a spray field and no crop was ever planted to take up the Nitrogen.
During the DWQ inspection, the following violation was noted:
According to the irrigation records, swine waste had been applied to small grain on field 8 in
September of 2003. Field 8 is a row crop field that was planted in cotton in 2003. The small
grain was never planted on field 8 and there is currently no crop on field 8. Setups 8A, 8B, 8D,
8E, 8F, and 8G received 16.76 pounds of nitrogen per acre. Setup 8C received 33.52 pounds of
nitrogen per acre.
4*01A
N. C. Division Of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5443 [phone] Fax [phone] Customer service
1-177-623-6748

el
v
Mr. Cannady
4-20.04
Page 2
The Division of Water Quality requests that the following items be addressed:
1. Please submit copies of all applications make to the above specified fields and pulls within
the last year along with a copy of your CAWMP by May 5, 2004,
2. Please have the OIC for this farm write an explanation as to why and how these
applications occurred on these pulls, Please include what steps that will be taken to
prevent this type of violation from occurring in the future.
It was also noticed that on field 8 that some sort of low-grade compost was being applied
(according to Mr. Cannady). Please include in your response where this compost is
coming from and a waste analysis.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division
of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per'day per
violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Marie Brantley, Environmental Specialist, or myself at [phone].
Sincerely,
Paul E. wls
Regional Water Quality Supervisor
PR/mb
cc: Keith Larick - Compliance Group
Greer Moore - Sampson Co. NRCS
Danny Edwards -- SWC, FRO
Central Files - Raleigh
N. C. Division of Water Quality - 225 Green Street Fayetteville, North Carolina 28301-5043 [phone] Fax [phone]
RVA
1KE)E i
Customer Service
1-877-623-6748

LEN -p' o
JUN 3 - 2U84 May 31, 2004
Paul E. Rawls
Regional Water Quality Supervisor
Division of Water Quality
NCDENR
225 Green Street - Suite 714
Fayetteville, NC 28301-5043
Subject: Notice of Violation - Facility No. 82-698
Dear Mr. Rawls,
This letter is in response to the NOV I received on May 18, 2004. As you noted in your
correspondence, in early September 2003, I applied waste to a field that was originally
planted in cotton for the spring crop. My plans were to plant a small grain in the field for
a winter cover. I applied the waste with the anticipation of planting the small grain
within the next week. Because of adverse weather conditions, I was unable to plant the
cover. As my records show, I did not utilize this field again for waste application
purposes through the winter months. I ask that you take this explanation into
consideration since I honestly intended to plant a cover and had no control over the
weather or the planting conditions of the spray field in question.
In the future, I will always plant before utilizing a field so that there will be a crop to take
up the nitrogen that is applied_
Thank you for your consideration that I try to daily comply with the rules and regulations
that are set for the hog industry.
01k ge(7 (ecoid,- Aokk &?Pc6,4o�f- nlolo9

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Allen Cannady
891 Ozzie Road
Clinton, NC 28328
Michacl F_ Easley, oovernor
Wdtiarn G. Ross Jr.,Secretary
North Carolina Department of Enviror%men and Natural Resources
Alam W. Klimek, P_ E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division or Water. Quality
April 20, 2004
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H.0217
Allen Cannady
Facility No. 82-698
Sampson County
Dear Mr- Cannady:
You are hereby notified that, having been permitted to have a. non -discharge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to
be in violation of your 2H.0217 Permit,
On April 12, 2004 staff from the Fayetteville Regional Office of the Division of Water Quality
visited your swine form located in Sampson County as a result of a referral from the North
Carolina Division of Soil and Water Conservation. The referral stated that wastewater had been
applied to a spray field and no crop was ever planted to take up the Nitrogen.
During the DWQ inspection, the following violation was noted:
According to the irrigation records, swine waste had been applied to small grain on field 8 in
September of 2003_ Field 8 is a row crop field that was planted in cotton in 2003. The small
grain was never planted on field 8 and there is currently no crop on field 8. Setups 8A, 813, 8D,
8E, 8F, and 8G received 16.76 pounds of nitrogen per acre. Setup 8C received 33.52 pounds of
nitrogen per acre.
AAW
�€Cf
N. C" Division of Water Quality 225 Or= Street Fayetteville, North Carolina 28301-5043 [phone] Fax [phone] Customer Service
1-877-623-6748

Mr. Cannady
4-20-04
Page 2
The Division of Water Quality requests that the following items be addressed:
1. Please submit copies of all applications mane to the above specified fields and pulls within
the last year along with a copy of your CAWMP by May 5, 2004-
2. Please have the OIC for this farm write an explanation as to why and how these
applications occurred on these pulls. Please include what steps that will be taken to
prevent this type of violation from occurring in the future.
3. It was also noticed that on field 8 that some sort of low-grade compost was being applied
(according to Mr. Cannady). Please include in your response where this compost is
coming from and a waste analysis.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division
of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per
violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Marls Brantley, Environmental Specialist, or myself at [phone].
Sincerely,
}
Paul E. wls
Regional Water Quality Supervisor
PRfmb
cc: Keith Larick - Compliance Group
Greer Moore - Sampson Co. NRCS
't1?4 )eEdwards — SWC, FRO
Central Files - Raleigh
A
#SCD€lit
N. C_ Division of Water Quality - 225 Cneen Street Fayetteville, North Carolina 28301-5043 [phone] Fax [phone] Customer Service
1.877-623-6748

State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
Michael F. Easley, Governor
William G. Ross, Secretary
Division of Soil & Water Conservation
March 29, 2004
Mr. Allen Cannady
891 Ozzie Road
Clinton, North Carolina 28328
SUBJECT: Operation Review Notice of Referral for
Allen Cannady Farm #1,
Facility Number 82-698
Sampson County
Dear Mr. Cannady,
Pi Qci�"—'p
A&4
�A
NCDENFZ
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RE:50tIRCES
PARR-FR0
MAR 3 12004
DWQ
On March 18, 2004, an operation review was conducted of Allen Cannady Farm #1, facility
number 82-698, in Sampson County. This review, undertaken in accordance with G.S. 143-
215.10D, is one of two routine site visits scheduled for all subject animal operations in 2004.
Staff from the Division of Water Quality will conduct a separate compliance inspection.
During the operation review, the following item was noted:
According to the irrigation records, swine waste had been applied to small grain on field
8 in September of 2003. Field 8 is a row crop field that was planted in cotton in 2003.
The small grain was never planted on field 8 and there is currently no crop on field 8.
Setups 8A, 8B, 8D, 8E, 8F, and 8G received 16.76 pounds of nitrogen per acre. Setup
8C received 33.52 pounds of nitrogen per acre. Since nitrogen was applied to field 8
and the small grain crop was never planted a notice of referral to the Division of Water
Quality is required.
It was for this reason that your operation was referred to the Division of Water Quality for
further investigation and possible enforcement action. G.S. 143-215.10E requires staff from
the Division of Soil and Water Conservation to notify the Division of Water Quality and the
owner/operator of these observed violations.
225 Green Street, Suite 7141 Systel Bld. Fayetteville, North Carolina 28301-5043 Telephone [phone]
FAX [phone] An Equal Opportunity Affirmative Action Employer

I
Mr. Alien Cannady
March 29, 2004
Page 2
A copy of the operation review report is enclosed for your information. Site findings and
recommended corrective actions as discussed are noted in the comment sections.
Please remember that in order for your facility to remain in compliance with environmental
regulations, animal waste cannot be discharged into the waters of the State, and the animal
waste collection, treatment, storage and disposal systems must be properly maintained and
operated under the responsible charge of a certified operator.
On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with
this operation review. Please do not hesitate to contact me at 910486-1641 if you have any
questions, concerns or need additional information.
Sincerely,
0031.�
—
Danny Edwards
Environmental Specialist
cc: Paul Rawls, Division of Water Quality
Sam Warren, Sampson Soil & Water Conservation District
Kraig Westerbeek, Murphy -Brown LLC
Carroll Pierce, Division of Soil & Water Conservation
225 Green Street, Suite 714 1 Systel Bld, Fayetteville, North Carolina 28301-5043 Telephone [phone]
FAX [phone] An Equal Opportunity Affirmative Action Employer

Technical Assistance Site Visit Report
Division of Soil and Water Conservation
O Natural Resources Conservation Service
O Soil and Water Conservation District
O Other...
Facility Number 82 - 698 Date: 118104 Time: 1 11:20 Time On Farm: 80 FRO
Farm Name Allen Cannady Farm #1 County Sampson Phone: [phone]
Mailing Address 891 Ozzie Road Clinton NC 28328
Onsite
Representative Allen Cannady Integrator Murphy Brown
Type Of Visit Purpose Of Visit
® Operation Review
❑ Compliance Inspection (pilot only)
❑ Technical Assistance
❑ Confirmation for Removal
❑ No Animals -Date Last Operated:
❑ Operating below threshold
® Swine ❑ Poultry ❑ Cattle ❑ Horse
O Routine
O Response to DWQ/DENR referral
O Response to DSWC/SWCD referral
O Response to complaint/local referral
O Requested by producer/integrator
O Follow-up
O Emergency
O Other...
Design Current Design Current
Capacity Population Capacity Population
El Layer
❑
®Wean to Feeder zsao zsao
ElFeeder to Finish Non -Layer
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
❑ Dairy
❑ Non -Dairy
❑ Other
GENERAL QUESTIONS:
1. is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no
2. Is there evidence of a past waste discharge from any part of the operation that waste reached ❑ yes ® no
surface waters or wetlands?
3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no
seepage, severe erosion, etc.)?
4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding ® yes ❑ no
requiring DWQ notification?
5. Is there evidence of improper dead animal disposal that poses a threat to the environment ❑ yes ® no
and/or public health?
6. Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® ho
Structure4 Structure 2 Structure 3 Structure 4 Structure 5
Identifier L
Level (Inches) 27
CROP TYPES 1coastal Bermuda -hay mall grain ove'rseed
5PRAYFIELD
SOIL TYPES _ Jo
ChA
7. What type of technical assistance does the onsite representative feel is needed? (list in comment section)
03/10/03
❑ Dairy
❑ Non -Dairy
❑ Other
GENERAL QUESTIONS:
1. is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no
2. Is there evidence of a past waste discharge from any part of the operation that waste reached ❑ yes ® no
surface waters or wetlands?
3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no
seepage, severe erosion, etc.)?
4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding ® yes ❑ no
requiring DWQ notification?
5. Is there evidence of improper dead animal disposal that poses a threat to the environment ❑ yes ® no
and/or public health?
6. Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® ho
Structure4 Structure 2 Structure 3 Structure 4 Structure 5
Identifier L
Level (Inches) 27
CROP TYPES 1coastal Bermuda -hay mall grain ove'rseed
5PRAYFIELD
SOIL TYPES _ Jo
ChA
7. What type of technical assistance does the onsite representative feel is needed? (list in comment section)
03/10/03

ility Number 82 - 698 Date:
3118104
AMETER
F
Q No assistance providedlrequested
8. Waste spill leaving site
TECHNICAL ASSISTANCE Needed
Provided
❑ 9. Waste spill contained on site
10. Level in structural freeboard
25. Waste Plan Revision or Amendment
El
El❑
❑ 11. Level in storm storage
26. Waste Plan Conditional Amendment
❑
❑
27. Review or Evaluate Waste Plan wlproducer
El
El❑
i2. Waste structure integrity compromised
28. Forms Need in
❑
❑
913. Waste structure needs maintenance
(list comment section)
29. Missing Components (list in comments)
®
❑
014. Over application >= 10% & 10 lbs.
[115. Over application < 10% or < 10 lbs.
30. 21-1.0200 re -certification
❑
❑
[116. Hydraulic overloading
31. Five & Thirty day Plans of Action (POA)
❑
❑
32. Irrigation record keeping assistance
❑
❑
❑ 17. Deficient irrigation records
❑ 18. Late/missing waste analysis
[119, Latelmissing lagoon level records
33. Organizelcomputerization of records
❑
❑
34. Sludge Evaluation
❑
❑
❑ 20. Late/missing soils analysis
® 21. Crop needs improvement
35. Sludge or Closure Plan
❑
❑
❑ 22. Crop inconsistent with waste plan
36. Sludge removal/closure procedures
❑
❑
37. Waste Structure Evaluation
❑
❑
[123. Irrigation maintenance deficiency
❑ 24. Deficient sprayfield conditions
38. Structure Needs Improvement
❑
39. Operation & Maintenance Improvements
❑
❑
40. Marker check/calibration
❑
❑
Regulatory Referrals
41. Site evaluation
❑
❑
❑ Referred to DWO Date:
42. Irrigation Calibration
❑
❑
❑ Referred to NCDA Date:
43. Irrigation designtinstallation
El
El
❑ Other...
system
44. Secure irrigation information (maps, etc.)
El❑
LIST IMPROVEMENTS
45. Operating improvements (pull signs, etc.)
E]❑
MADE BY OPERATION
❑
❑
46. Wettable Acre Determination
1
47. Evaluate WAD certificationlrechecks
❑
❑
Farm appears to have been permitted.
48. Crop eva I u ationlreco m mend ations
❑
❑
2.
49. Drainage work/evaluation
❑
❑
50. Land shaping, subsoiling, aeration, etc.
51. Runoff control, stormwater diversion, etc.
❑
❑
❑
❑
3
52. Buffer improvements
❑
❑
53. Field measurements(GPS, surveying, etc.)
El❑
4.
54. Mortality BMPs5.
❑
❑
55. Waste operator education (NPDES)
❑
❑
56. Operation & maintenance education
❑
❑
57. Record keeping education
❑
❑
6.
58. Crop/forage management education
❑
❑
59. Soil and/or waste sampling education
❑
❑
03/10/03

Facility Number 82 - F 698 Date: I 3118104
COMMENTS:
Waste samples:
615103 -- 2.4
9/11/03 -- 1.7
1215103 -- 1.9
4./14. According to irrigation records swine waste was applied to field 8 in September of 2003 to small grain. Small grain
as never planted on field 8. There is currently no crop on field 8. Applied 16.79 pounds of nitrogen per acre on setups 8A,
B, 8D, 8E, 8F, and 8G. Applied 33.52 pounds of nitrogen per acre on field 8C.
13. Continue efforts to establish permanent grass on bare areas of lagoon dike. Minor erosion noted. Cut down small tree
(C. Myrtle) on lagoon dike.
1 _ The bermuda field appears to have a weak stand in most of the field. Control weeds as needed and apply lime
according to soil test results. Resprig bermuda as needed. Small grain stand was very weak to nonexistent. Small grain
as broadcast seeded. Discussed how to get a better small grain stand when broadcasting.
9. Need copy of C.O.C. and General Permit. I will mail a copy of C.O.C. and General Permit. Keep with farm paperwork.
T
TECHNICAL SPECIALIST jDanny Edwards
SIGNATURE
Date Entered: 3123104
Entered By: jDanny Edwards
03/10/03

K'*A1q'
RMENK
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
August 7, 2002
CtPOPIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Allen Cannady
891 Ozzie Road
Clinton, NC 28328
SUBJECT: NOTICE OF VIOLATION
Allen Cannady Farm #I
Permit No. AWS820698
Facility No. 82-698
Sampson County
Dear Mr. Cannady:
William G. Ross Jr., Secretary
Alan Klimek, P.E., Director
Division of Water Quality
You are hereby notified that, having been permitted to have a non discharge permit for the subject animal
waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 214 .0217
perrriit.
On July 30, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a
routine compliance inspection of the above referenced facility in Sampson County. During the inspection, it was
noted that no operator in charge (OIC) was designated for the facility and soil and waste analysis results were not
available for review. It was also noted that the waste application field had poor to non-existent stand of coastal
berrtiuda, due to heavy weed competition_ Lagoon banks were overgrown and not accessible for inspection.
The Division of Water Quality requests that the following items be addressed:
1: Ittimediately complete the change of OIC for provided during the inspection and return to the address listed at
[lie bottom of the form.
2: Submit copies of the last two years of soil and waste analysis. Maintain these records on the farm for review
during inspections.
3. Contact a technical specialist for assistance with weed control. Harvest and remove all material from the
spray fields and evaluate for reprigging in the spring.
4. Mow lagoon banks in a timely manner to allow for inspection of erosion and rodent damage.
225 GREEN STREET - SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE, NC 28301.5043
PHONE [phone] F.A-X (910) 4%6.0707 WW .ENR.ST.NTE- NC.i.JS;ENR'
AN EQUAL OPPORTUNrrY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEDA0% POST CONSUMER PAPER
DENR TOLL FRFE BOTLINE- i -877-623-674K

0' " "
Mr_ Cannady
8-7-02
Page 21
Please be advised that this letter does not prevent the Division of Water Quality from taking enforcement
actions for this incident or any past or future violation. Furthermore, the Division of Water Quality has the
authority to levy a civil penalty of not more than $25,000.00 per day per violation.
Please provide this office with a written response on or before August 23, 2002, if you have any questions
concerning this matter, please do not hesitate to contact Mr. Paul Sherman, Environmental Engineer, or myself at
[phone].
Sincerely,
PR. rnps Paul E_ Rawls
Regional Water Quality Supervisor
Cc: Non Discharge Compliance Unit
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
John Bizic-Murphy Farms, LLC
Central Files -Raleigh

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or on the front if space permits.
1. Article Addressed to:
Mr Allen Cannady
891 Ozzie.Rd
Clinton NC 28328
82-234
82-698
82-261
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PSFonT 3811, Mardi 2001', i ' ; i : ',Domestic Retum Receipt 102595-014&1424
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8-234 82-698 -282
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