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150011_ENFORCEMENT_20171231
NORTH CAROLINA Department of Environmental Qua ENFORCEMENT ENFORCEMENT ENFORCEMENT FRANK I WILLIAMS' FARMS (757) 426-6465 P.O. BOX 7100 (757) 426-6281 5021 MORRIS NECK ROAD FAX 426-3382 VIRGINIA BEACH, VIRGINIA 23457 February 4, 2005 David May regional Supervisor Aquifer Protection Section Dear Mr. May: This letter is in response to the Notice of Violation received for the Belcross Farm, in Camden County. The farm is owned by Frank T. Williams, and was leased to, and operated by Northeast Carolina Farms. Mr. Williams had no control over the management of these farms. 14 Northeast Carolina Farms abandoned the farm in August 2005, essentially leaving Mr. Williams with a mess. Mr. Williams has decided to close the farm for good. He is currently dismantling the buildings and is working with Jimmy Munden, of the Camden County NRCS to close down the lagoon. Bids for the closure have been received and cost mare funds should be allocated by February 15. If this letter does not address your concerns, please contact me at 757-334-3145. Sincerely, Jc s S, eph J. Balok Frank T. Williams Farms F 4 t FEB 1 4 2005 co m �� �° G'b .• • . .• furn n p m 0 US E71 o aeseoe $ _ 3 oCertiW Fee Z, 3 D G11 Redept Fee '71 124ti, (Endorsement Required) a � {En rd Required) o��� Pntlnna A Fua Q .'m MR. FRANK WILLI oBELCROSS FARM PO PO BOX 7100 VIRGINIA BEACH VA 23457 """"" ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ❑ Addressee B Received by (Prrn ame} C. Dat f De!' 1 1 2FJ 5 D. Is delivery address drfierent from Rem 1? 'O Yes If YES, enter delivery address below: ❑ No AMR. FRANK WILLIAMS BELCROSS FARM PO BOX 7100 3. service Type VIRGINIA BEACH VA 23457 12- edA&II ❑ Express Mail ❑ RegZ ❑ Return Receipt for Merchandise ❑ -ins it ❑ C.O.D. Restricted ivery? (Extra Fee) ❑ Yes 2. Article Number '`' 7 Q 3 31 ;., v Q i? 6 Q 3 2389 -- (&ans(r rrar� service labeg PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • �n � North Carolina ❑eparttnent of Environment and Natural Resources!lAquifer Protection Washington Regional Office N 943 Washington Square Mall z Washington, North Carolina 27889 _ Q d � fll�llFlli�3ll:t�iEli�l�Fl1}��111}illllilEi'i�11EfiEf�iSFI�Ft1 �0F WA rFgp Michael F. Easley, Governor William G. Ross Jr., Secretary co 7 r North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Watcr Quality Aquifer Protection Section January 14, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 3110 0002 0603 2389 Mr. Frank Williams Belcross Farm PO Box 7100 Virginia Beach, VA 23457 SUBJECT: NOTICE OF VIOLATION Animal Feedlot Operation Compliance inspection Belcross Farm Facility No. 15-11 Camden County Dear Mr. Williams: This letter is to notify you that the subject facility is in violation of its Certified Animal Waste Management Plan, General Permit, Title 15A North Carolina Administrative Code, Subchapter 2H, Section .0217(d) and N.C.G.S. 143-215.1. On November 12, 2004, Scott Vinson from the Washington Regional Office of the Division of Water Quality (DWQ) conducted an Animal Feedlot Operation Compliance Inspection at the Belcross Farm in Camden County. A copy of the inspection report is attached for your review. In general, the Compliance Inspection was to determine if: (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, and the Certified Animal Waste Management Plan; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator; (4) the required records are being kept; and that (5) there are no signs of seepage, erosion, and/or runoff. The following violations were observed during the inspection: 9 There were no waste analysis to cover irrigation events from November through December of 2003 on wheat nor in May of 2004 on corn. Remember to take a waste analysis within 60 days of irrigation events. In accordance with condition III, item 4 of your General Permit, an analysis of animal waste shall be conducted as close to the time of application as practical and at least within 60 days (before or after) of date of application. The analysis shall include the following parameters: Nitrogen, Phosphorus, Zinc and Copper. 9 The lagoons are in need of mowing to allow for routine visual inspections. In accordance with condition 11, item 10 of your General Permit, a protective cover shall be established and maintained on all lagoon/storage pond embankments (outside toe of embackment to maximum pumping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept mowed. 1po` ma J1�aCarotural�lt� North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 Customer Service intemet: h2o.enr.state.nc.us 943 Washington Square Mall, Washington, NC 27889 FAX (252) 946-9215 1-877-623-6748 A,n Equal Opportunity/Affirmative Action Employer— 50'% Recycled/10°% Post Consumer Paper Page Two Notice of Violation January 14, 2005 Beicross Farm It is very important as the owner and/or the Operator in Charge that these aforementioned violations and any other problems that may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist. You are requested to respond in writing within ten (10) days of receipt of this Notice, outlining the corrective actions that have been undertaken and/or have been planned to address these violations and any further actions taken to prevent future violations of this nature from occurring. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Please be advised that this letter does not prevent the Division of Water Quality from taking enforcement actions for past or future violations. Thank you for your cooperation and assistance. If you have any questions concerning this matter, please contact me at 252-948-3939 or Scott Vinson at 252-948-3848. Sincerely, r"J _ David May Regional Supervisor Aquifer Protection Section cc: Camden County SWCD Office DSWC-WaRO APS, Animal Feeding Operation Compliance and Enforcement Unit WaRO Files --SAV Files DMlsav I r. .. a '�k"t � k ..h - � 'i•: i!- "h L • �� � "''- „ ;� �—'i "S x C' s � - ice`.. ,+.�'� 'i �1.�'" � �+.. r��' �•d .��� � s. jY � DIVIS140 Af WatErQualttyxf W + ra r a',: a r � � �� r- r ...-.e'+,� w+, 5 *�-.. �, t� �"�..�e. Sgil and Wate V' 'w Q Division o ;,:,: s �� ofr Conservation a.;t+ r ;{(� +• T ,k�e�,r >. Frc. YH:7i rr ,, ii ait 0 ther.Agency ` r•�r 4 i --.L r r - ; Fc i �_ ",s t A s µ` ti + „i ."�a ..�.ti •,y� ",.�`' i i. �'r•'• aa +- r �,-.. c �.:$'. 3 .a.. .s^� ..tu .+t-i.�:.+� xi �r.-,R.a..;L..fse r,.!•e..s.,�.. - •nas6.r��-. .i, Type of Visit © Compliance Inspection O Operation Review O Structure Evaluation O Technical Assistance Reason for Visit @ Routine O Complaint O Follow up O Referral O Emergency O Other ❑ Denied Access Facility Number 15 11 Date of Visit: 11/12/Zf104 Time: 12:30 Q Not Operational Q Below Threshold ® Permitted ® Certified © Conditionally Certified E3 Registered Date Last Operated or Above Threshold: ......................... Farm Name: Mcr.Qss.Faxm........................... .... County: Cai11<drill............................................. WARQ....... Owner Name: 1W11111a1AlS.FArlgl&..RI.LRrXb.................. Phone No: 2S�-S�-.4.15..tYt........7r�r..4�r.6.-(tz�................... Mailing Address: zU ..1'►'est.Farm..1?...ay......................................................................... G.Astain..NC............................................................ 2.7.832 .............. Facility• Contact: ..............................................................................Title:................................................................ Phone No:................................................... Onsite Representative:J.oslCphjDajak.............................................................................. littegrator:W.iUiAuu.IFa3Cim.Q.f.NC.,.Ilac............................. Certified Operator:,IQscpbj................................ ftlok................................................. Operator Certification Number:15M............................. Location of Farm: 1 mile east of Belcross in Camden Co. on east bound rt. 158 + ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 36 • 21 00 Lonbitude 7ti • 08 12 Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population - Cattle Capacity Population ❑ Wean to Feeder ❑ Layer ❑ Dairy ❑ Feeder to Finish ❑ Non -Layer JE1 Non -Dairy ® Farrow to Wean 1240 0 ❑ Farrow to Feeder ❑ Other ❑ Farrow to Finish Total Design Capacity 1,240 ❑ Gilts ❑ Boars Total SSLW 536,920 Number of Lagoons ] Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Identifier: ................................................................................................................................................................................ ...... Freeboard (arches): 33 ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No Structure 6 12112103 Continued Facility Number: 15-11 Date of Inspection 11/12/2004 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or ❑ Yes ® No closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ® Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ® No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level ❑ Yes ® No elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes ®No 11. Is there evidence of over application? If yes, check the appropriate box below. ❑ Yes ®No ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc > 3000 12. Crop type Corn, Soybeans, Wheat 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ®No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ® No 16. Is there a lack of adequate waste application equipment? ❑ Yes ®No Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 18. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No roads, building structure, and/or public property) 20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ Yes ® No Air Quality representative immediately. . Comments (refer to question #) ,Explain any YES answers and/or anyhrecommendatioas or any ottierrcomm ents. " Use drawings of facilityX to .better explain 'situations (use additional pages as necessary);- ❑ Field Copy ❑ Final Notes * Waste 7/19/04 w/ 0.98 lbsN/ I 000gal. AL 2/10/04 w/ 0.98 6/2/03 w/ 1.2 3/24/03 w/ 1.0 * Soils 11/13/03 with up to 1.1 Vac lime required on some fields. 3) Missing waste analysis to cover irrigation events on Wheat in Nov. & Dec. of 2003. 23) Missing waste analysis for corn crop applications in May of 2004. No overapplication noted. Remember to take waste analysis within 60'days of irrigation events. This resulted from Dr. Cunningham's unwillingness to follow regulations and lack of funds for proper farm management. Since, Dr. Fred Cunningham has filed bankruptcy and has left the State. * Had wanted to add Fescue to waste plan and fescue was planted but Dr. Fred Cunningham did not pay Ronald Sneed to supply the nished work. Fescue has become overgrown with weeds. ) Lagoon needs to be mowed to allow for routine visual inspections. Lagoon is planned to be mowed this winter. Frank Williams is now in control of farm and is considering closing the lagoon out. Reviewer/Inspector Name Scot V' so `' . '` -~� A' Reviewer/Inspector Signature: Date: u /— 12112103 Continued Facility Number: 15—t t Date of Inspection 11/12/2004- Required Records & Documents 21. Fail to have Certificate of Coverage & General Permit or other Permit readily available? 22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (iel WUP, checklists, design, maps, etc.) 23. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Waste Application ❑ Freeboard ® Waste Analysis ❑ Soil Sampling 24. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 25. Did the facility fail to have a actively certified operator in charge? 26. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 27. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 28. Does facility require a follow-up visit by same agency? 29. Were any additional problems noted which cause noncompliance of the Certified AWMP? NPDES Permitted Facilities 30. is the facility covered under a NPDES Permit? (If no, skip questions 31-35) 31. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? 32. Did the facility fail to install and maintain a rain gauge? 33. Did the facility fail to conduct an annual sludge'survey? 34. Did the facility fail to calibrate waste application equipment? 35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below ❑ Stocking Form [_-]Crop Yield Form []Rainfall [:]Inspection After I" Rain ❑ 120 Minute Inspections ❑ Annual Certification Form ❑ Yes ® No ❑ Yes ® No ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 12112103 Michael F. Easley Governor _co (L) r- > y William G. Ross Jr., Secretary Department of Environment and Natural Resources 0 `C Alan W. Klimek, P.E. Director Division of Water Quality September 21, 2004 Fred L. Cunningham, Ms, D.V.M. Northeast Carolina Farms, Inc. 203 West Farm Way Gaston, NC 27832 SUBJECT: Check Receipt and Remission Request Belcross Farm Camden County Farm # 15-11 PC 04-007 Dear Dr. Cunningham: CERTIFIED MAIL, RETURN RECEIPT_ REQUESTED This letter is to acknowledge receipt of your check No. 874 in the amount of $500.00 on July 14, 2004. Please excuse the lateness of this acknowledgement. We recently moved to a new building and the check receipt paperwork was misplaced. I also received your request for a reduction of the fine but did not receive the waiver or the justification for remission forms that were included with the penalty assessment. In order for the Director to consider remission of the civil penalty, please send in the completed forms to: Steve Lewis DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 Duplicate forms are attached for your convenience. Thank you for your attention to this matter. If you have any questions, please call me at (919) 715-6629. l� S E P 2 7 2004 Sincerely, Steve Lewis Animal Operations Permits and Compliance One ---� No Carolina --WAS111NGTCtI REGi[i?;AL OFFlCE Naturally North Carolina Division of Water Quality 1636 Mail service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: h2o.enr.state.nc.us 2728 Capital Blvd. Raleigh, NC 27604 FAX (919) 715-0588 1-877-623-6748 An Equal OpportunitylAHirmative Action Employer- 50% Recyded110% Post Consumer Paper Dr. Fred Cunningham Page 2 September 24, 2003 ATTACHMENTS cc iWavia--Miy,.APS Acting Regional Supervisor Scott Vinson, WARO File # PC 04-007 wl attachments APS Central Files w/ attachments o=o w A r�94G Michael F. Easley Governor rWilliam G. Ross Jr., Secretary 7 -1 Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Coleen H. Sullins, Deputy Director Division of Water Quality June 11, 2004 Dr. Fred Cunningham 203 West Farm Way Gaston, NC 27832 SUBJECT: Assessment of Civil Penalties for Violations of Permit Conditions Farm # 15-11 Camden County File No. PC 04-007 Dear Dr. Cunningham: CERTIFIED MAIL RETURN RECEIPT REQUESTED ,SUN 18 2004 DWQ-WARD . t This letter transmits notice of a civil penalty assessed against Williams Farms of North Carolina, Inc. in the amount of $4,417.99 which includes $217.99 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 provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. 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 three items: 1. Submit payment of the penalty - Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 �i0a 11 OENR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50 % recycled / 10% post -consumer paper hnp://h2o. enr.stata. nc. us 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 form and the attached "Justification for Remission Request" which should describe why you believe: (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 Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 • 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Mail or hand -deliver a copy of the petition to: And to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 JUN 18 2004 DWQ-WAR® Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or Ms. Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, �Ieffrey O_Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit JOP/scI ATTACILMENTS cc: dittflGlulligaan, Washington Regional Supervisor w/ attachments Scott Vinson, WARO w/ attachments File # PC 04-007 w/ attachments Central Files w/ attachments Susan Massengale, PIO w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CAMDEN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND WILLIAMS FARMS OF ) STIPULATION OF FACTS NORTH CAROLINA INC. ) FILE NO. PC 04-007 Having been assessed civil penalties totaling $4,417.99 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated — _ June 10, 2004 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of .20 SIGNATURE 01 8 C TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: PC 04-007 County: Camden Assessed Party: Williams Farms of North Carolina, Inc. Permit No. (if applicable): AWG 100000 Amount Assessed: $4,417.99 Please use this form when requesting remission of this civil penalty. You must also complete the " Re uest For Remission Waiver of Right to an Administrative Hearing, and Stipulation o Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission, is not the proper procedure for contesting whether the violations) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully+ applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent figure occurrences); — (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare far); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessM remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional „Rages as necessary): STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CAMDEN File No. PC 04-007 WILLIAMS FARMS OF ) NORTH CAROLINA, INC. ) } FINDINGS AND DECISION FOR NON -DISCHARGE GENERAL } AND ASSESSMENT OF PERMIT VIOLATIONS ) CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Williams Farms of North Carolina, Inc. (Williams Farms) is a corporation organized and existing under the laws of the State of North Carolina. B. Williams Farms owns and operates Belcross Farm, a swine operation in Camden County. C. Williams Farms was issued Certificate of Coverage AWS 150011 under General Permit AWG100000 for Belcross Farm on May 1, 2003, effective May 1, 2003, with an expiration date of October 1, 2004. D. Condition No. V. 3. of the General Permit states in part that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (CAWMP). At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot of structural freeboard." E. The 25-year, 24-hour storm event for the facility's location is seven (7) inches according to National Weather Service, Technical Paper 40, Rainfall Frequency Atlas of the United States, 1961. F. Based on the 25-year, 24-hour storm event of seven (7) inches and one foot of required structural freeboard, the waste Ievel for adequate storage in the lagoon for Belcross Farm is nineteen (19) inches. G. Condition No. M. 6. e. of the General Permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V. 3. of the issued permit. H. Division of Soil and Water Conservation (DSWC) staff from the Washington Regional Office notified Division of Water Quality (DWQ) staff on March 8, 2004 that the waste level of the lagoon at Belcross Farm had been recorded as less than 19 inches on four (4) occasions beginning in June 2003. DWQ requested a copy of the farm's freeboard records and observed that the waste Iev_el of the lagoon was less than 19 inches on four separate occasions. The first occasion was from June 9 through July 10 of 2003 with freeboard elevations ranging from 15 to 18 inches. The second occasion occurred on November 3, 2003 with a freeboard elevation of 16 inches. The third occasion occurred on December 29, 2003 with a freeboard elevation of 18 inches. The fourth occasion occurred from January 21 through February 23 of 2004 with the freeboard elevations ranging from 14 to 18 inches. I. The Washington Regional Office did not receive notification from Belcross Farm that the waste level exceeded the level specified in the CAWMP for any of the above -mentioned time periods. J. The costs to the State of the enforcement procedures in this matter totaled $217.99. Based upon the above Findings of Fact, I make the following: H. CONCLUSIONS OF LAW: A. Williams Farms is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. The above -cited failures to maintain the liquid level in the lagoon at the level specified in the CAWMP violated Condition No. V. 3. of the General Permit. D. The above -cited failures to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 3 violated Condition No. III. 6. e. of the General Permit. E. Williams Farms may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed' against Williams Farms pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G. The Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Williams Farms is hereby assessed a civil penalty of: $ 1,800.00 for 3 of four violations of Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoons at the level specified in the CAWMP $_ 2,400.00 for 4 of four violations of Condition No. III. 6. e. of the General Permit by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 3 4,200.00 TOTAL CIVIL PENALTY $ 217.99 Enforcement costs $ 4,417.99 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I 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. /o f 0 - (Date) *rey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality M `O�0F W A r,�QG Michael F. Easley Governor y 7� William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 2, 2003 Mrs. Brenda Cunningham Northeast Carolina Farms, Inc. Post Office Box 865 Moyock, NC 27958 RE: Check Receipt Acknowledgement and Payment Schedule for Civil Penalty Case DV 00-029 Farm #15-11 Camden County Dear Mrs. Cunningham: CERTIFIED MAIL RETURN RECEIPT REQUESTED APR 1 0 2003 DWQ-WARO You have requested a schedule for making partial payments toward the $5,571.72 civil penalty that was assessed by the Division of Water Quality on October 30, 2001. The Division is agreeable to a schedule of four (4) payments at 30-day intervals beginning with your check for $1,392.93 dated March 21, 2003. Please sign the attached payment schedule and send it back with your next payment. Make a copy of the payment schedule for your records. Please make the payments by check payable to the Department of Environment and Natural Resources and mail them so they are received by the last day of April, May and June 2003. Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid balance of the civil penalty to be due and payable and subject to collection through a civil action in the superior court. NCDENR Customer Service: Malling Address: Telephone (919) 733-5083 Location: 1-877-623.6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #F52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative. Action Employer 50% recycled/ f 0% post -consumer paper httpJ/h2o. enr.state.nc. us Mail your payments to the address shown below to make sure that they are properly recorded. Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please call Mr. Steve Lewis at (919) 733-5083, ext. 539 or Ms. Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, Alan W. Klimek, P.E. Director, Division of Water Quality cc: Jim Mulligan, Regional Supervisor w/o attachment Daphne Cullom, WIRO [`Lyn Haardison,. WIRO', `File DV 00-029 w/ attachment Central Files w/o attachment ;fir' I State of North Carolina pLY TO: Francis W. Crawley G Y ROY COOPER Department of Justice Environmental Division ATTORNEY GENERAL P. O. BOX 629 (919) 716-6600 RAy[L�{ EIG�yH (919) 716-6767 Dr. Fred Cunningham, President CERTIFIED MAIL MICR 5 2003 Northeast Carolina Farms, Inc. RETURN RECEIPT REQUESTED 358 Mason Lane rr�' Moyock, North Carolina 27958 sr RE: Assessment of Civil Penalties Against Northeast Carolina Farms, Inc., DV 00-029 Dear Dr. Cunningham: You will find enclosed the Final Agency Decision of the Environmental Management Commission assessing civil penalties and investigative costs as set forth in the decision document. Accordingly, your company must submit payment of the civil penalty assessment and investigative costs to the Department of Environment and Natural Resources within 30 days of receipt of this final agency decision by mailing a bank or certified check. The check should be made payable to the Department of Environment and Natural Resources and the mailing envelope addressed as follows: Mr. Shannon Langley Water Quality Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If your company fails to pay the penalty within 30 days of receipt of the final decision document, the Department will seek to collect the amount due through a civil action commenced in Superior Court. Very truly yours, M W. Francis W. Crawley Special Deputy Attorney General Commission Counsel FWC/j lb Enclosure cc: Steve Lewis , Jennie Hill �M� STATE OF NORTH CAROLINA COUNTY OF CAMDEN IN THE MATTER OF: Assessment of Civil Penalties } Against ) Northeast Carolina Farms, Inc. ) (Belcross Farm) BEFORE THE REMISSION COMMITTEE OF THE ENVIRONMENTAL MANAGEMENT COMMISSION DV 00-029 FINAL DECISION THIS MATTER came before the Committee on Civil Penalty Remissions of the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1, on February 13, 2003 upon recommendation of the Director of the Division of Water Quality for entry of a final decision on the assessment of civil penalties and investigation costs against Northeast Carolina Farms, Inc. in the amount of $5,571.72 ($5,000.00 plus $571.72 investigative costs). Dr. Fred Cunningham, President of Northeast Carolina Farms, Inc., informed the Committee that Northeast Carolina Farms, Inc. had leased the facility from Williams Farms of North Carolina, Inc. and was operating the farm at the time the violations occurred. Northeast Carolina Farms, Inc.'s request for remission was presented to the Committee on Civil Penalty Remissions for consideration. The Division of Water Quality was represented by Mr. Jim Mulligan, Regional Supervisor in the Washington Regional Office, and Northeast Carolina Farms, Inc. was represented by its President, Dr. Fred Cunningham. Having considered the record and the factors set forth in N.C.G.S. § 143B-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated by Northeast Carolina Farms, Inc., that the Findings of Fact support the Conclusions of Law, and that the Director -2- properly applied the criteria set forth in N.C.G.S. §143B-282.1 in determining the amount of the civil penalties. The Committee considered the petitioner's actions to install two pumps in the lift station and to remove and replace contaminated soil after the wastewater overflow but finds that there are no G.S. §143B-282.1(c) grounds shown for remission or reduction of the penalties assessed by the Director for violation of G.S. §143-215.1 on or about October 3, 2000 by making an outlet of wastes to the waters of the State without the required permit and for violating Condition No. III. 6. b. of the General Permit by failing to report within 24 hours the failure of the animal waste treatment system. Upon duly made motion and vote, the Committee finds that the assessment of civil penalties and costs in the amount of $5,571.72 ($5,000.00 civil penalty plus $571.72 investigation costs) should be upheld. THEREFORE, IT IS ORDERED: 1. That the assessment of civil penalties and costs in the amount of $5,571.72 against Northeast Carolina Farms, Inc. is AFFIRMED. 2. That this Final Decision and Order be served upon Northeast Carolina Farms,.Inc. and upon receipt hereof, the amount of $5,571.72 be paid to the Department of Environment and Natural Resources within thirty days. This the day of February, 2003. David oreau, Chairman Environmental Management Commission 4; 4► a s -3- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing FINAL DECISION on the parties listed below by the methods indicated: Dr. Fred Cunningham, President CERTIFIED MAIL Northeast Carolina Farms, Inc. RETURN RECEIPT 358 Mason Lane Moyock, North Carolina 27958 Mr. Jim Mulligan COURIER MAIL Regional Supervisor Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 This the 4th day of March, 2003. ROY COOPER Attorney General rancis W. Crawley Special Deputy Attorney General N.C. Department of Justice P. O. Box 629 Raleigh, NC 27602-0629 919/716-6600 zc� °Ga'LPZ� 0 Q 4 pp6x reucor?aJ S r a4(VV- TWP 'e9Q7C (�A-J-B"Cl7t Q a5,5,upFal -a Q Wig YV air- �z� �41Nz) z�Rw �h �gx 4 . . r - - ..tp - SSOJ� � III SC.At No�TN ►sT-CAUCLINA rAUAAS, INC. 203 WEST FARM WAY, GASTON, NC 27832 .. 252-519-11 01 (office) •- 252-519-111 Q (fax) March 19, 2004 F.CFOV1ED Mr. Jim Mulligan Division of Water Quality - MAR 2004 943 Washington Square Mall Washington, North Carolina 27889 DWQ-WARD Dear Mr. Mulligan, In response to your letter dated March 9, 2004 and received on March 12, 2004. We have always and routinely notified DWQ when our lagoon level entered into the storm zone. We submitted Plans of Action for the Belcross Farm in both March and April of 2003. It was my understanding that once we reported our lagoon level and submitted a Plan of Action that we were on the "watch list" until we reported that the lagoon was out of the storm zone. We have continued to battle the lagoon level and the saturated soil since October of 2002. We have not been in the "green" for any length of time during this period where we felt comfortable enough to notify the DWQ to cancel the last Plan of Action. Whenever we made progress with the lagoon level it was short lived and followed by large quantities of rain such as 4.9 inches in May, 4.3 inches in June and 6.0 inches in July. We made good progress in August but were hit with 9.0 inches of rain in September, which negated any progress we had made. The biggest problem, from which we only recently recovered, was the 9.9 inches of rain we received in December. We feel that we have notified the DWQ of the ongoing problem at Belcross and continued to operate under the Plan of Action submitted in April. We took additional steps of voluntarily lowering the inventory of the farm by more than half so that all the sows would fit into one building. We also incurred the additional expense of installing water nipples in each gestation crate in that building so that water consumption would be at a minimum. We were not trying to hide anything as we recorded our lagoon levels weekly as required. There would no advantage to us by not reporting the farm. If I misinterpreted the regulations then it is entirely my fault. We have worked very hard at this farm in the face of numerous problems and challenges to do the right thing. Please consider the efforts that we have made at this facility before you decide to 'go forward with enforcement or a fine. Sincerely, �u Fred L. Cunningham! M President, Northeast Carolina Farms Northeast Carolina Farms 2003/2004 Jan level Freeboard 1 21 2 2 23 4 3 22 3 4 20 1 Februa 1 22 3 2 20 1 3 22 3 4 21 2 March 1 20 1 2 17 -2 3 18 -1 4 21 2 April 1 20 1 2 16 -3 3 21 2 4 25 6 May 1 25 6 2 27 8 3 25 6 4 21 2 2-Jun 21 2 9-Jun 18 -1 16-Jun 17 -2 26-Jun 16 -3 30-Jun 15 -4 level Freeboard 3-Jul 15 -4 10-Jul 16 -3 16-Jul 21 2 28-Jul 24 5 5-Au 28 9 11-Au 26 7 19-Au 25 6 25-Au 31 12 1-Se 31 12 8-Sepi 29 10 18-Sep 23 4 23-Sep 23 4 29-Sep 22 3 6-Oct 21 2 15-Oct 20 1 21-Oct 20 1 27-Oct 19 0 3-Nov 16 -3 10-Nov 19.5 0.5 17-Nov 24 5 24-Nov 28 9 1-Dec 28 9 8-Dec 26 7 15-Dec 20 1 22-Dec 19 0 29-Dec 18 -1 level Freeboard 5-Jan 22 3 12-Jan 19 0 21-Jan 18 -1 27-Jan 16 -3 3-Feb 15 -4 9-Feb 15 -4 16-Feb 14 -5 23-Feb 14 -5 1-Mar 23 4 8-Marr 21 2 Northeast Carolina Farms Rainfall by Month -Summary 2003 January 2.80 February 7.80 March 5.00 April 7.40 May 4.90 June 4.30 July 6.00 August 4.80 September 9.00 October 4.10 November 1.60 December 9.90 Total 2003 67.60 Date Amount inch 3-Sep 0.80 4-Sep 0.50 12-Sep 2.50 18-Sep 4.00 22-Sep 0.60 29-Sep 0.60 Total Set 9.00 Date Amount inch 14-Oct 0.60 28-Oct 3.50 Total Oct 4.10 Date Amount inch 7-Nov 0.30 18-Nov 1.30 Total Nov 1.60 Date Amount inch 7-Dec 1.50 11-Dec 3.00 14-Dec 2.40 17-Dec 1.00 23-Dec 2.00 Total Dec 9.90 Date Amount (inch) 5-Jan 0.30 18-Jan 0.40 27-Jan 1.00 Total Jan 1.70 Date Amount inch 7-Feb 0.30 13-Feb 0.60 Total Feb 0.90 Date Amount finchl 3-May 1.30 6-May 0.30 18-May 1.20 22-May 1.60 26-May 0.60 Total May 4.90 Date Amount (inch) 7-Jun 0.70 9-Jun 2.10 10-Jun 0.20 16-Jun 0.60 19-Jun 0.70 Total June 4.30 Date Amount (inch) 9-Jul 0.90 12-Jul 0.70 14-Jul 2.10 17-Jul 1.40 24-Jul 0.90 Total July 6.00 1 - 7 Date Amount (inch) 4-Aug 0.50 6-Aug 2.00 9-Aug 0.50 12-Aug 0.50 18-Aug 1.30 Total Aug4.80 Northeast Carolina Farms Rainfall by day 2003 Date Amount (inch) 29-Jan 1.00 30-Jan 1.80 Total Jan 2.80 Date Amount (inch) 6-Feb 1.30 10-Feb 0.80 15-Feb 0.70 17-Feb 3.00 18-Feb 0.10 23-Feb 0.60 26-Feb 0.30 27-Feb 1.00 Total Feb 7.80 Date Amount (inch) 1-Mar 1.00 4-Mar 0.70 5-Mar 0.80 11-Mar 0.30 16-Mar 0.60 21-Mar 0.80 30-Mar 0.80 Total Mar 5.00 Date Amount (inch) 6-Apr 0.40 7-Apr 1.80 8-Apr 0.80 9-Apr 1.50 10-A r 0.70 11-Apr 0.70 26-A r 1.50 Total Apr 1 7.40 WILLIAMS FARMS OF NORTH CAROLINA, INC. RAINFALL AND FREEBOARD DATA SHEET MONTH OF: ,-, o03 EF;ARMAME 'i oss FACILITY NU BER: -� TOTAL RAINFALL: DATE RAINFALL (IN COMMENTS 2 3 4 5 6 7 8 9 10 11 LAGOON 1 LAGOON 2 LAGOON 3 12 WEEK 1 13 %; MMENTS: 14 15 LAGO N 1 LAGOON 2 LAGOON 3 16 WEEK 2 17 COMMENTS: 18 19 L.LAGOON 1 I LAGOON 2 ILAGOON 3 20 WEEK 3 21 COMMENTS: 22 23 LAGOON 1 LAGOON 2 LAGOON 3 24 WEEK 4 fl 25 COMMENTS: 26 27 LAGOON 1 I LAGOON 2 LAGOON 3 28 WEEK 5 29 /1 o COMMENTS: 30 j •Y 31 NORTHEAST CAROLINA FARMS, INC. RAINFALL AND FREEBOARD DATA SHEET MONTH OF: r a FARM NAME: Gps s FACILITY NUMBER: TOTAL RAINFALL: DATE RAINFALL (IN) COMMENTS 1 ' 2 3 4 5 6 7 8 9 10 LAGOON 1 LAGOON 2 11 WEEK 1 12 COMMENTS 13 14 15 WEEK 2 1 LAGOON 1 LAGOON 2 16 COMMENTS Z 1,0 17 18 19 WEEK 3 LAGOON 1 LAGOON 2 20 COMMENTS 3?r 21 22 23 , WEEK 4 LAGOON 1 LAGOON 2 24 COMMENTS 1 2-- 25 26 r. 27 /.a l. WEEK 5 LAGOON 1 LAGOON 2 28 COMMENTS 29 30 , 31 NORTHEAST CAROLINA FARMS, INC. RAINFALL AND FREEBOARD DATA SHEET 111�101111111 FARM M FACILITY NUMBER: TOTAL RAINFALL: DATE RAINFALL (IN) COMMENTS 1 ,D ' 2 3 4 •7 6 7 8 9 10 LAGOON 1 LAGOON 2 11 r3 WEEK 1 n 12 COMMENTS 13 14 15 WEEK 2 LAGOON 1 LAGOON 2 16 , COMMENTS -z 17 18 19 WEEK 3 LAGOON 1 LAGOON 2 20 COMMENTS 112 21 22 23 WEEK 4 LAGOON 1 LAGOON 2 24 COMMENTS 2--25 26 27 LAGO WEEK 5 ON 1 LAGOON 2 28 COMMENTS 29 30 31 NORTHEAST CAROLINA FARMS, INC. RAINFALL AND FREEBOARD DATA SHEET FARM NAME: FACILITY NUMBER: TOTAL RAINFALL: DATE RAINFA L (IN) COMMENTS 1 2 3 4 6 „ 7 , 8 , 9 .1 •� 10 LAGOON 1 LAGOON 2 11 • "] WEEK 1 12 COMMENTS 13 14 15 WEEK 2 LAGOON 1 LAGOON-2- 16 COMMENTS 17 18 19 WEEK 3 LAGOON 1 LAGOON 2 20 COMMENTS Z- 21 22 23 WEEK 4 LAGOON 1,1 LAGOON 2 24 COMMENTS 25 26 t 27 WEEK 5 LAGOON 1 LAGOON 2 28 COMMENTS 29 30 31 NORTHEAST CAROLINA FARMS, INC. RAINFALL AND FREEBOARD DATA SHEET FAR %ME. s FACILITY NUMBER: TOTAL RAINFALL: DATE RAINFALL IN COMMENTS 1 2 3 4 5 6 ,3 7 8 9 10 LAGOON 1 LAGOON 2 11 WEEK 1 12 COMMENTS 13 14 15 WEEK 2 ILAGOON1 LAGOON 2 16 COMMENTS a7 .17 •18 19 WEEK 3 LAGOON 1 LAGOON 2 20 COMMENTS c, 21 22 23 WEEK 4 LAGOON 1 LAGOON 2 24 COMMENTS c2 25 26 27 WEEK 5 LAGOON 1-1-LAGOON 2 28 COMMENTS 29 30 31 NORTHEAST CAROLINA FARMS, INC. RAINFALL AND FREEBOARD DATA SHEET MONTH OF: g7vw FARM NA E: Ci'ns s FACILITY NUMBER: TOTAL RAINFALL: DATE RAINFALL (IN) COMMENTS 2 3 4 6 7 ,, 8 9 10 Z LAGOON 1 LAGOON 2 11 WEEK 1 12 COMMENTS U 13 14 15 WEEK 2 LAGOON 1 LAGOON 2 16 COMMENTS 17 18 19 , LAGOO WEEK 3 N 1 LAGOON 2 20 COMMENTS 1 21 (� 22 23 WEEK 4 1 LAGOON 1 LAGOON 2 24 COMMENTS .25 (v _�zb .26 27 WEEK 5 1 LAGOON 1 LAGOON 2 28 COMMENTS 29 6, - 30 31 NORTHEAST CAROLINA FARMS, INC. RAINFALL AND FREEBOARD DATA SHEET MONTH OF: tX4 � FARM NAME: cYnsS FACILITY NUMBER: TOTAL RAINFALL: DATE RAINFALL {I COMMENTS 1 ; 2 3 4 6 7 8 9 1a LAGOON 1 LAGOON 2 11 WEEK 1 � _f 12 i COMMENTS 13 .- 14 15 WEEK 2 LAGOON 1 LAGOON 2 16 COMMENTS 1 17 18 19 WEEK 3 1 LAGOON-ij LAGOON 2 20 COMMENTS 1 21 -� 22 23 WEEK 4 LAGOON 1 LAGOON 2 24 ` COMMENTS 25 7- 1 JT 26 27 WEEK 5 LA OON-1-1 LAGOON 2 28 COMMENTS '.29 '30 31 NORTHEAST CAROLINA FARMS, INC. RAINFALL AND FREEBOARD DATA SHEET MONTH OF: FARM NAME: s FACILITY NUMBER: o TOTAL RAINFALL: ATE RAINFALL IN COMMENTS 2 3 4 7 0 ,9 a 10 LAGOON-1-1 LAGOON 2 11 WEEK 1 Z� 12 a COMMENTS 13 14 15 WEEK 2_j LAGOON 1 LAGOON 2 16 COMMENTS 17 18 42 19 WEEK 3 LAGOON 1 LAGOON 2 20 COMMENTS 5- 21 8/9 22 _ 23 WEEK 4 LAGOON 1 LAGOON 2 24 COMMENTS j 25 .• 26 27. WEEK 5 LAGOON 1 LAGOON 2 '28 COMMENTS 29 30 31 NORTHEAST CAROLINA FARMS, INC. RAINFALL AND FREEBOARD DATA SHEET MONTH OF: FARM NAME: �r s� FACILITY NUMBER: TOTAL RAINFALL: DATE RAIN ALL IN COMMENTS 1 2 3 4 ,! 6 7 8 9 10 LAGOON-1-1 LAGOON 2 11 WEEK 1 12 Vt IT - COMMENTS 13 "14 WEEK 2 LAGOON 1 LAGOON 2 COMMENTS $_20 J WEEK 3 LAGOON! LAGOON 2 COMMENTS z3 22 23 WEEK 4 LAGOON 1 LAGOON 2 24 COMMENTS Z-3 25 26 27 WEEK 5 ILAGOON1 LAGOON 2 28 COMMENTS 29 , la .. Z 30 31 NORTHEAST CAROLINA FARMS, INC. RAINFALL AND FREEBOARD DATA SHEET MONTH OF: des FARM A CY4fs FACILITY NUMBER: TOTAL RAINFALL: DATE RA NFA L IN COMMENTS 1 2 3 4 5 6 7 8 9 10 LAGOON 1 LAGOON 2 11 WEEK 1 2-1 12 COMMENTS 13 /a- 14 , (r 15 WEEK 2 LLAGOON 1 LAGOON 2 16 COMMENTS 17 �d-j_j 18 19 WEEK 3 LAGOON 1 LAGOON 2 20 COMMENTS 21 a- Z' j 22 23 WEEK 4 LAGOON 1 LAGOON 2 24 COMMENTS 1 25 v'z 26 27 WEEK 5 LAGOON 1 LAGOON 2 28 , COMMENTS 29 30 31 NORTHEAST CAROLINA FARMS, INC. RAINFALL AND FREEBOARD DATA SHEET MONTH OF:, - FARM NAM : FACILITY NUMBER: TOTAL RAINFALL: DATE RAINFALL IN COMMENTS 1 ' 2 3 4 6 7 8 9 10 LAGOON 1 LAGOON 2 11 WEEK 1 12 COMMENTS 13 14 15 WEEK 2 LAGOON 1 LAGOON 2 16 COMMENTS 17 -�� 18 19 WEEK 3 1 LAGOON 11 LAGOON 2 20 COMMENTS 21 -►> 22 23 WEEK 4 LAGOON 1 LAGOON 2 24 COMMENTS z 25 r- Z 26 27 WEEK 5 LAGOON 1 LAGOON 2 28 COMMENTS 29 30 31 NORTHEAST CAROLINA FARMS, INC. RAINFALL AND FREEBOARD DATA SHEET MONTH OF: FAR AN E: 7 / .y FACILITY NUMBER: 5 / "TOTAL RAINFALL: DATE RA NF L I COMMENTS .3 4 5 6 7� 8 �9 10 LAGOON! LAGOON 2 11 J WEEK 1 �, 12 COMMENTS 13 z -1 14 15 WEEK 2 LAGOON 1 LAGOON 2 16 COMMENTS 17 /, o 18 19 WEEK 3 LAGOON 1 LAGOON 2 20 COMMENTS 21 22 23 � WEEK 4 LAGOON 1 LAGOON 2 24 COMMENTS 25 26 z7 5 LAGOON 1 LAGOON 2 -28 _WEEK COMMENTS .29 30 31 NORTHEAST CAROLINA FARMS, INC. RAINFALL AND FREEBOARD DATA SHEET MONTH OF: =aowo FARM A E: r oil b Ss FACILITY NUMBER: J � / TOTAL RAINFALL: ky r DATE RAINFALL (IN) COMMENTS 1 , 2 3 4 6 6 7 8 9 10 r LAGOON >1= i,LAGOON12. 11 .c` WEEK 1 <° . • 12 f COMMENTS 13 14 WEEK 2 LAGOO 1. GOO N 12.. 16 COMMENTS 17- �. K ' 19 WEEK 3 I LAGOON-1j., LAGOON2 20* COMMENTS 21 23 : WEEK 4 LAGOON. T 1,,LAGOON 2 r :.24 COMMENTS 25 v ' .. t: ,r26 R - WEEKS GOON.. , LAGOON. 2 :`',28;'; -r' COMMENTS _, ; . 1,29. i 30 j NORTHEAST CAROLINA FARMS, INC. RAINFALL AND FREEBOARD DATA SHEET MONTH OF: �o FARM A I �F'b S S FACILITY NUMBER: TOTAL RAINFALL: DATE RAINFALL IN COMMENTS 1 ' 2 3 4 6 7 ' ,g 10 LAGOON 1 LAGOON 2 11 WEEK 1 r, 12 COMMENTS 13 (� z.- 3 14 15 WEEK 2 LAGOON 1 LAGOON 2 16 COMMENTS 17 -Z 18 19 WEEK 3 LAGOON 1 LAGOON 2 20 COMMENTS 21 22 23 WEEK 4 LAGOON 1.1 LAGOON 2 24 COMMENTS / 25 z� y3 26 27 WEEK 5 1 LAGOON 2 28 ±LAGOON COMMENTS 29 30 31 NORTHEAST CAROLINA FARMS, INC. RAINFALL AND FREEBOARD DATA SHEET FARM NAM: Czt/Jss FACILITY NUMBER: TOTAL RAINFALL: DATE RAINFALL IN COMMENTS 2 3 4 5 6 7 8 9 10 LAGOON 1 LAGOON 2 11 WEEK 1 12 COMMENTS - 13 14 15 WEEK 2 LAGOON 1 LAGOON 2 16 COMMENTS 17 3-;' 18 1 19 WEEK 3 LAGOON 1 LAGOON 2 20 COMMENTS 21 22 23 WEEK 4 LAGOON 1 LAGOON 2 24 COMMENTS 25 26 '' 27 WEEK 5 LAGOON 1 LAGOON 2 28 COMMENTS 29 30 31 FORM A Lagoon i_igUid irrigawn Fields Record For Recording Irrigation Events on Different Fields Farm Owner Irrigation Operator L'r� Facilily Number - Tract # Field # Date nini/dd/r CraT Field Size acres Irri alion Tirne Number of S rrinklers (� eraiin - g /p.ype -%/ _:Z Oro - J C-.j -z -rry I 33 - - 5/ ! 3 / r 3 o /0 "7-) Si0 - - _ _� 3G Z-Z Y-o _ 4,6 i 2")J--0 I 30 5 -�.: -� � 6cc FORM -1 Lagoon Liquid IrrigZ:a,,jn Fields Record For Recording Irrigation Events on Different Fields Farm Owner Irrigation Operator Facility Number Tract # Field # Dale mrrddd/ r Crop Type Field Size acres Irrigation Time Number of Sprinklers Operating / /4y L 0 %- 30 -- _Y 12-15 �eAl3.Z7_03 ' 2dL_1 }• ci - `2 Y- n '' Is as 3.� .2_:� FORM. A Lagoon Ligriid Irrigation Fields Record For Recording irrigation Events on Different Fields Farm Owner ' / /d,•�� Irrigation Operator Facility Number Tract # Field # Date rnrrilddl r Crop Type Field Size acres lift anon Time NLIMber of S vinklers Operating v--,7-1 3 !-ic 3 & J / �j — ,� r p-' yE?C) _ �f1 -v3 3. o A 7ff-r7j7 i7. c7 �7Zr3� 7y� C - - 0 31 J 7,ry, /:s 0 oZ K< J--a7-o� ?,C7 iv'U y; 49;; -3 i FORM -I Lagoon Liquid Irriganon Fields Record For Recording Irrigation Events on Different Fiekls Farm Owner 711 c- Irrigation Operator Cx���•t Facility Number Tract # Field # . _ Date mrr�/dd/ r Crop Type Field Size acres kri alion Time Nmiiber of Sprinklers O eralin - ZZ 3.;7 Z)-- 713 3-r 3 1: ov !e -1) 5 00 3 v kc 3 Ca /: fJ 3 J Y� Cc rp 3 �? Z�� �� 30 c, 1 _ i -2 4- _ - _ 60 l /�,9 c -,P <<. �J ., . , �. .. .. ,� r .• `1<`' �ry . !, 1 � � � � 1 S F :i � �. � ii �iI � `,. � � ' ,i FORM IRR-1 Farm Owner Irrigation -Operator Lagoon Liquid Irrigation Fields Record For Recording Irrigation Events on Different Fields zr�.S Facility !Number 1 /J - I J Tract Feld #i! Date Crop Type fmmldd 1 Field Size acresl Irrigation Time Number of Sprinklers Operating Start 7Coe Endm Total klhut2g i /'la —Ls A_ 0 I� s' 3 i✓ 7 ,-3 =�3 . J 2 , 3 1. e- : � 3 / - 02 G 3 3� i . 3. 3 -z� �..� z �� 7. '�� So / a» /$7' '1' 3 v a-6-may 3. :3z> Z 6 C :2? J -213 . I - z!� r+ / t'J 'j''. bJ J. 7- 3—/ 3. /' 3.' 91'�J 360 i .3 . / �t3 v w 3.D FORM IRR-1 Farm Owner Irrigation. Operator Lagoon Liquid Irrigation Fields Record For Recording Irrigation Events on Different Fields Facility Number I - I // Tract # Field # Date (mmiddlvr Crop Type Field Size acres) lrrieation Time Number of Sprinklers Operating Start Time EndTotal MinuteS e-2 I d 1 J-0 Is 0 / ' a j/6 ozL'i 3.3 �� 6P '� z. 3 • w-� ~' -01- AVP • Lam) L/ • ,1i V 1�11 -��, _o w a X2 y:�2,10 r V`� 2- - r clA //- /. j ;, ,� �� 210 / �/ ♦ L - 4. Gel L> z. L / 3.0 /-z- 3_ G Jc"'��� /: / 1'IOLi1ATER AGRONOMIGS, INC. F. T. WilliaE»s Farm P. o. Box 311 �p�2 Morris Neck Rd. CAMDElY, N. C. 2f9t►w.,� 7s n Virgina Beach, VA'. 23457 LfML' PAAP NCDA Agronomic Division 4300 Reed Creek Road Ralei h, NC 27607-6465 (919) 733-2655 Grower: Currituck Grain Report No: 0� '2 P 5 Field Information lied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 &0 Mg Cu Zn B Mn See Note 15W No Crop 1st Croo: Corn Grain 0 120-160 0 0 0 0 0 0 3 2nd C, co: Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 WAI (1)WAI (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 Na-N NHr-N Na MIN 0.66 1.13 7.0 86.0 1.0 6.1 83 199 50.0 23.0 43 41 48 48 34 29 0.2 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year lime N P205 KO Mg Cu Zn B Mn See Note 16W No Crop 102002 0. 1st Crca Corn Crain 0 120-160 30-50 0 0 2 0 0 3 2nd Crca Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 CA Mg% Mn-1 Mn-Al (1)Mn-AI (2) Zn-1 Zn-AI Cu-1 S-1 SS-1 N&N NH-N Na MIN 0.66 1.13 7.2 88.0 0.9 6.1 44 160 48.0 29.0 35 36 29 29 19 34 0.3 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 KO Mg Cu Zn B Mn See Note 16X No Crop 102002 O. 1st Crop: Corn Grain -S .6T 120-160 90.110 0.20 0 0 0 0 3 2nd Croo: Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-I Mr. -AI (1)Mn-A1(2) Zn-1 Zn-AI Cu-1 S-1 SS-1 Na-N Nfb-N Na MIN 0.66 1.14 6.6 80.0 1.3 5.5 16 72 49.0 25.0 41 42 51 51 54 29 0.1 Field Information lied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N W5 KO Mg Cu Zn B Mn See Note 17D No Crop 1st Crop: Corn Grain 0 120-160 120.140 20-40 0 0 0 0 3 2nd Croo: Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn Al (I)Mn-Al (2) Zn-1 Zn-AI Cu-1 S-1 SS 1 Na-N NH-N Na MIN 0.66 1.12 6.9 86.0 1.0 5.9 8 56 62.0 19.0 203 140 32 32 33 40 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N Pe05 KO Mg Cu Zn B Mn See Note 17G No Crop 1st Crop- Corn Grain 0 120.160 110-130 0-20 0 0 0 0 3 2nd Crofl: Test Results Soil Class HM% WIV CEC BS% Ac pH P-1 K-I Ca% Mg% Mn-1 Mn-AI (1)Mn-AI (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 Na-N NHi-N Na MIN 0.71 1.10 9.0 90.0 0.9 6.2 11 73 65.0 21.0 197 132 69 69 46 39 0.2 NCDA Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465 (919) 733-2655 Grower: Currituck Grain Report No: 0911% Pg 4 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N W-5 I¢0 Mg Cu Zn B Mn See Note 11G No Crop 102002 0, 1st Crop: Carn Grain 0 120-160 0 0 0 0 0 0 3 2nd CFOD: Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (7)Mn-Al (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 Na-N NIh-N Na MIN 0.76 1.10 8.4 86.0 1.2 5.9 114 235 52.0 21.0 50 49 37 37 61 43 03 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P2O5 *0 Mg Cu Zn B Mn See Note 12W No Crop 10 2002 O.E 1st Crop: Corn Grain 0 120-160 0 0 0 0 0 0 3 2nd Croo: Test Results Soil Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-I WAI (1)Mn AI (2) Zn-1 Zn-AI Cu-1 S-1 SS-1 Na-N NH-N Na MIN 0.71 1.15 TS 90.0 0.8 6.2 101 208 52.0 25.0 42 39 39 39 47 36 0.4 Field information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 W Mg Cu Zn B Mn See Note 13W No Crop 1st Crop: Corn Grain 0 120=160 0 0 0 0 0 0 3 2nd Crop: Test Results Soil Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (1)Mn-AI (2) Zn-1 Zn-AI Cu-1 S-1 SS-1 Na-N NH-N Na MIN 0.66 1.21 8.4 90.0 0.8 6.2 87 229 54.0 22.0 45 41 39 39 42 31 0.3 Field Information Applied Lime Recommendations i Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 KO Mg Cu Zn B Mn See Note 13X No Crop 102002 1-C 1st Crop: Corn Grain .S AT 120-160 50-70 0 0 0 0 0 3 2nd Crop: i est Results Soil Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (7)Mn-Al (2) Zn-1 Zn-AI Cu-1 S-1 SS-1 N&N NH-N Na MIN 0.6 1.18 7.0 81.0 1.3 5.7 34 102 50.0 25.0 38 40 28 28 70 35 0.2 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P2Os KO Mg Cu Zn B Mn See Note 14W No Crop 102002 0. 1st Crop: Corn Grain 0 120-160 20-40 0 0 0 0 0 3 2nd Crop: Test Results Soil Class HM% WN GEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-AI (7) Mn-Al (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 NCB-N NH,-N Na MIN 0.51 1.17 7.3 86.0 1.0 6.2 46 96 50.0 30.0 35 35 32 32 35 54 0.4 NCDA Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465~ (919) 733-2655 Grower: Currituck Grain Report No: 091762 P 3 Field Information lied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N W5 1O Mg Cu Zn B Mn See Note 07G No Crop 102002 1. 1 st Crop: Corn Grain AT 120-160 0 0 0 0 0 0 3 2nd Crop: Test Results Soil Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 WAI (7)WAI (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 NCY-N NHr-N Na MIA' 0.6 1.13 6.9 75.0 1.7 5.4 76 170 49.0. 14.0 84 67 60 60 32 48 0.2 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N WS KO Mg Cu Zn B Mn See Note 08W No Crop 102002 1. 1st Crop: Corn Grain 7 120-160 0 0 0 2 0 0 3 .7T 2nd Crop: Test Results Soil Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-AI (7) Mn-AI (2) Zn-1 Zn-AI Cu-1 S-1 SS-1 Na-N Nli-N Na ,MIN 0.86 1.13 6.4 78.0 1.4 5.4 82 192 50.0 13.0 137 99 123 123 25 45 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N W5 KO Mg Cu Zn B Mn See Note 09W No Crop 102002 0. 1 st Crop: Corn Grain CH) 120-160 0. 0 0 0 0 0 3 2nd Crop: Test Results Soil Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn AI (7) Mn AI (2) Zn-I Zn-Al Cu-1 S-1 SS-1 Na-N NIA-N Na MIN 0.76 1.11 7.8 81.0 1.5 5.7 79 133 55.0 18.0 105 80 84 64 48 55 0.2 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime Al PX 5 kO Mg Cu Zn B Mn See Note 10W No Crop 102002 0. 1 s€ Crop: Corn Grain ;5 .7T 120 i60 0 0 0 0 0 0 3 2nd Crop: Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-AI (7)Mn-Al (2) Zn-1 Zn-AI Cu-1 S-1 SS-1 Na-Al NH-N Na MIN 0.76 1.10 7.7 82.0 1.4 5.4 82 157 48.0 23.0 53 49 42 42 40 45 0.3 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N W5 KO Mg Cu Zn B Mn See Note 11 D No Crop 102002 If 1st Crop: Corn Grain .7T 120-160 30-50 0-20 0 0 6 0 3 2nd Crap: Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 _ Ca% Mg% Mn-1 WAI (7)WAI (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 Na-N NH-N Na MIN 0.72 1.10 7.0 80.0 1.4 5.4 44 83 52.0 22.0 50 47 25 25 49 39 0.2 fiL 19j . NCDA A ro omic Division 4300 ReedyCreek Road Raleigh, NC 27607-6465 (919) 733-2655 Grower: Currituck Grain Report No: 0916 Pg 2 Field information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 !h0 Mg Cu Zn B Mn See Note 04W No Crop 102002 1. 1st Crop: Corn Grain .9T 120-160 30-50 0 0 0 0 0 3 2nd Cr-CD: Test Results Soil Class HM% W/V . CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-AI (7)Mn-Al (2) Zn-1 Zn-AI Cu-1 S-1 SS-1 Ala-N NH-N Na MIN 1.02 1.08 6.0 72.0 1.7 5.4 43 128 49.0 13.0 74 61 42 42 34 55 0.1 Field information Vplied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N W5 &0 Mg Cu Zn B Mn See Note 05D No Crop 102002 0. 1st Crop: Corn Grain 't - .8T 120-160 80-100 0 0 0 0 0 3 2nd Croo: Test Results . Soil Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (1)WAI (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 Na-N NHr-N Na MIN 0.92 1.07 6.4 72.0 13 5.5 19 87 5&0 16.0 45 44 42 42 29 52 Q.l Field Information lied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N W 5 W Mg Cu Zn B Mn See Note 05G No Crap 102002 1. 1st Crap: Corn Grain .7T 120-160 0-20 0 0 0 0 0 3 2nd Croo: Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-I Mn-AI (1)Mn-AI (Z) Zn-1 Zn-AI Cu-1 S-1 SS-1 Na-N NH-N Na MIN 1.37 1.04 8.1 78.0 1.8 5.6 60 151 53.0 16.0 51 48 37 37 43 50 0.2 Field Information lied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N W 5 Ik0 Mg Cu Zn B Mn See Note 06W No Crop 102002 0. 1st Crop: Corn Grain AT 120-160 0 0 0 0 0 0 3 2nd Cron: Test Results Soil Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-AI (1)Mn-AI (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 Nch-N NH-N Na MIN 1.08 1.06 10.0 86.0 1.4 5.8 121 157 59.0 20.0 72 60 42 42 54 55 0.2 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N Pr05 k0 Mg Cu Zn B Mn See Note 07D No Crap 102002 1, 1 st Crop: Corn Grain S 6T 120160 30 50 0 0 0 0 0 3 2nd Croo: Test Results Soil Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-I W AI (1) WAI (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 Na-N Nf*-N Na MIN 0.71 1.11 7.5 80.0 1.5 5.6 43 137 54.0 17.0 62 54 39 39 43 47 0.1 NCDA Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465 `(�19) 733-2655 Report No: 09'f d Grower. Currituck Grain Copies to: County Extension Director = 461 Currituck Hwy Tidewater Agronornics Inc. Moyock, NC 27958 oil Test Ro ort � _ Farm: 11/13/03 SERVING N.C. CITIZENS FOR OVER 50 YEARS Camden County Agronomist Comments: A 3 Field information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P105 KO Mg Cu in B. Mn See Note 01 W No Crop 102002 Q 1st Crop: Corn Grain .6T 120-160 30-50 20-40 0 0 0 0 3 2nd Crop. - Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 WAI (7)Mn-Al (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 Na-N Nfh-N Na MIN 0.71 1.13 6.3 78A 1.4 5.6 41 58 58.0 16.0 108 82 39 39 44 41 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Pgre N W5 1¢o Mg Cu Zn B Mn See Note 02W No Crop 102002 0. 1st Crop: Corn Grain 51 120-160 30-50 30-50 0 0 0 0 3 2nd CroD: Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (I)Mn-Al (2) Zn-1 Zn-A! Cu-1 S-1 SS-1 Na-N Nh-N Na MIN 0.92 1.14 6.8 76.0 1.6 5.7 44 52. 56.0 16.0 66 57 30 30 46 41 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N W5 W Mg Cu Zn B Mn See Note 03D No Crop 102002 1. 1st Crop: Corn Grain �5 .7T 120-160 10-30 40-60 0 0 0 0 3 2nd Croo: Test Results Soil Class HM% WIT CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-AI (1)Mn-AI (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 N&N Nh-N Na MIN 1.08 1.14 6.1 75.0 1.5 5.5 51 43 56.0 17.0 39 40 31 31 44 58 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 W Mg Cu Zn B Mn See Note 03G No Crop 102002 1.0 ist Crop: Corn Grain e. > .3T 120-160 20-40 0-20 0 0 6 0 3 2nd Croo: Test Results Soil Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (7) Mn-Al (2) Zn-1 Zn-AI Cu-1 S-1 SS-1 Na-N NHi-N Na MIN 0.76 1.13 7.1 82.0 1.3 5.8 47 84 57.0 19.0 53 49 22 22 41 44 01 `NCD33>;ronomic lion 4300 Reedv Creek Road Raleigh, NC ?7607-66� ig19) 7' '635 Report No: a'Oq'' vrouer.• N illiams Farms of N.C. Copies To: c/o 'Northeast Carolina Farms PO Boa 865 'i-Movock K 27958 ol'h :,�.. * :. List nal is G �i•L Fann: Beleross I� l l I 1!16/O3 Camden County ;Sample Info._ I Laboratory Results (parts per million unless otherwise noted) ?Sample ID: 1 N I P K Ca Akz S Fe Mn Zn Cu B Mc — Cl C I Total 243 59.1 352 136 37-1 28.2 3.53 0.42 0.68 0.18 0.89 IN -A' Waste Code: -AW4 ;.BLS -NO3 Na ;1"i Cd Pb 31 Se Li Ih SS CA, _ D:4f°E CCP°S 3LEIK:aI) I 13S 6.98 I iDescripthon: OR-N Shine Lagoon Liq. Urea :Recommendations: -Nutrients Available for First Crop Ibs11000allots 10ther Elements IbS110OO gallons :Application Method N P--05 K2tl Ca mg S Fe :4in _ Zn Cu B _110 Cl Na Ni Cd Pb 41 Se Li Irrigation - 1-0 0.79 2.8 0.79 0.22 0.16 0.02 T T T 0.01 12 I The pH of the lagoon liquid is below the ideal range for bacterial action and waste treatment. Gradually adjust phi by adding 1 lb. of agricultural lime per 1000 cu. ft. of liquid remaining in the lagoon. Sample the lagoon rmnthiv and continue to adjust pH until it is within the desired range of 7.0-8.0. L ► 1.,1 Vi1U1111t: ulublun -t3UU KCt:UV t,rcch tcoau Kaletgn. 1\L 51U(li-b tU7 [i►`)? I�j=_'b» _ Grower: Williams Farms of N.C. c;�o Northeast Carolina Farms PO Box S65 llosock. NC 37955 • caste Analysis R effort Faun: Belcross 15-11 3 3P-4,03 Camden Countv Report `To: WO-10- V' Copies To: :Sam le Info. Laboratory Results (parts per million unless otherMse noted) Sample 1D. 1 Waste Code: Description: 5nine La von Lia. f N P K ca M2 S Fe Mn Zn Cu B .tfo C1 C Toral 249 -NO3 OR -A" Dell 45.6 343 102 25.3 24.4 1.91 0.24 0.71 0.21 0.s6 Ind :Yi Cd Pb 41 Se Li pH SS C:Y DAM CCP o ALEIK1 n.!i 1 i 5 7.18 :Recommendations: Nutrients Available for First Crop — - lbs/_7000gallous (Other Elements - lbsi1000gallons application.�letbod i Irrization _ ;V Pb; R;4 1.0 0.61 2.7 Cu mg Fe AM DI 0.60 0.15 0.14 0.01 T T Cu B -T 0.01 Jfa d Na,Yi Cd 0.96 Pb V Se Li NCDA Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465 (919) 733-2655 Report No: W09573 W Grower: Northeast Carolina Farms Copies To. - PO Box 865 :i Moyock. NC 27958 rite naYsZs eoYt Farm: Belcross i5-11 512103 Camden County Sample Info. Laboratory Results (parts per million unless otherwise nosed) Sample 1D: N P K Ca MO S Fe Mn Zn Cu B Mo Cl C i Total 291 51.7 369 159 43.4 27.7 2.32 0.36 0.91 0.30 0.66 1N -N Waste Code: -NH4 Al_S _NO3 Na Ni Cd Pb Al Se Li oN SS C.N DM% CCE% ALE(Koal) Description. OR-N 1 32 7.65 Swine Lamor. Lia, Urea Recommendations: Nutrients Available for First Crop _ lbs11000 gallons 10ther Elements lbs17000 gallons Application Method N P20z K20 Ca Mg S Fe Mn Zn Cu 8 MO Cl Na Ni Id Pb Al Se Li lrriaation 1.2 0.69 3.0 0.93 0.25 0.16 0.01 T 0.01 T T' �.1 NCDA Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465 (919) 733-2655 Report No: W06075 W Grower: Williams Farms of NC, Inc. Conies To. - do Northeast Carolina Farms, Inc. 202 Wesi Farm Way Imion, NC 27832 )wste nalysis effort Farm. Beicross 15- 1 2110/04 Northampton County Sample Info. I Laboratory Results (parts Rer million unless otherwise noted) Sample ID: N I P K Ca Ma S Fe Mn Zn Cu B Mo Cl C 1 Total 7-36 49. 299 138 34.2 23 0 1.55 0.33 0 49 0.08 0.51 1N -N Waste Code: -NH4 ALE -NO3 Na Ni Cd Pb AI Se Li off SS C:N DM'c CCE°4 ALE(Kcal) Description: OR-N i 1 z 7.29 JMra Laxon Lio. Urea Recommendations: _ Nutrients Available for First Crop lbs17000gallon5 10ther Elements lbs/7000 gallons olr rion McMod N P205 K20 Ca Mg S Fe Mn Zn Cu B MO Cl I Na Ni Cd Pb Al Se ' L! it ti tiara 0.96 0.67 2.3 0.61 0.2C 0.' 3 0.01 T T T T 0.96 FORM t. •2 Tract 9 Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone 1t Lagoon Irrigation . gelds Record One Form for Each Field per Crop Cycie %3 Field # (, Facility Number /-3-1 I. Irrigation Operator A: Irrigation Operator's Address Operator's Phone It From Waste Utilization Plait Crop Type Recaruucndcd PAN Loarltnu j (ttrracte) = 181 / U. m M (91 141 (51 t5l 0) (a) f91 11M (Ill ()ale mrNdkvyr Irrigauan Waste Analysis PAN ` (Ibri000 qai} PAN Applicel (ltrldcre) (a) • (0) raoa Nerngar (latancc r {ll:(acre) _ {E3j • {1o) Start Time End Time Total Minutes {J} - {2j 1 ar Sp1lnkleti operalurq Flaw Rate f9av(`unj Total a (gallons) (tij • (5) • (4) VOlrlrlle per Acre {gauaue) 171 (A) Z-z S 27- • 7 (_� z . 93 Crop Cycle Totals Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. NCOA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) (tarn (13). Continue subtracting calurtnil (10) from ca11.11nn (11) following each irrigation evert(, Fom 1. •2 Tract It Field Size (acres) = (A) Lagoon Irrigation 1 lelds Record One Form for Each Field per Crop Cycle Facility Number Farm Owner �C./. % Irrigation Operator Owner's Address Irrigation Operator's Address Owner's phone 9 Operator's Phone It ��sa1 [ From Waste Utilization Plan Crop Type rieconuneaded PAN Loaamg h (lWacrc) _ (ti) V (31 MI r51 r61 f71 181 (9) Hal H 11 Date mrnrddryr Irfigauon Waste Analysis PAN ' {IW t000 gall PAN Applies! (lblacic) -& • r91 Nitrogen Ualance' (IWrclu) {©y • (10) Sta[t Time End Time Total Minules (3) • (2) i or spf"er3 operawg FlowRaft) (9a Total Vptume (gallons) (6) - (5) . (4) Volunre per Acre (yallaae) (71 (A) ' -t z L,:) L v a' . 5 Z- ��r &O /1 72,vdo Z z•-/o . S3 -jg A . 7CP (cc , {� Mo �c7�1� r /�/� 2—D 3 %. lam? % Crop Cycle Totals Owner's Signature Operator's Signature Certified Operator (Print) Operator's Certification No. 1 NCDA Waste Anaylysis or Equivalent or NRCS Estimate. Technical Guide Section 633. ' Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each irrigalion even(. FORM r. .2 Tract u Field Size (acres) = (A) Farm Owner Owner's Address Owners Phone # Lagoon irrigataun I gelds Record One Form for Each Field per Crop Cycle Facility Number 1 � Irrigation Operator Irrigation Operator's Address Operator's Phone i; I From Waste Utilization Plan Crop -Typo Iteconuuended PAN Loading U� — (iblacsc) _ (U) r1t 01 i71 141 151 f51 M f81 191 flat 11 ll Date mrnlddlyr Irrigatr4n Waste Analysis PAN' {lW i000 gall PAN Apphed (It✓acre) 881 _ 01 IQQO Pftlrcgcn 19alancc' (Rdacc) (0} (tfl) Start Time End Time Total Minutes (3) - (2) 1 of Sponklers operating fk)w Rate (galGnin) Total Volume (gallons) (8) • (5) • (4) Volume per Aae (gauaue) _474 fA) �� l LJ 'J4ao z 3 r_ 6,v /2-27 y`(o too 2- .2 L- ] �. �Lj Crop Cycle Totals I _ Owner's Signature Certified Operator (Print) Operalor's Signature Operator's Cetlificalion No. 1 NCOA Waste Anaylysis or Equivalent or NRCS Estimate. Technical Guide Section 633. a Enler the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each irrigalion event. FORM 1. .2 Tract k Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone 9 Lagoon Irrigation r telds Record One Form for Each Field per Crop Cycle Facilily Number Irrigation Operator ! Irrigation Operalor's Address Operator's Phone # Front Waste Utilization Plan crop Type Retoelulended PAN Laallinq / 7 Owatse) = ta1 / eqO en rn fit f-11 1S1 161 M ref r91 11m 11 i1 Dale nn1rrjd,y 1 y Wigatlon Waste Analysis PAN ' (Itr<tC00 gal) PAN Apphed (SWaae) —LB) t400 Nilrogun UW kiiCu (IWaclu) (Ell(101 • ( Stars Time End Time jowl Minutes lr of Sprinklers Operaluig Fk)%v Rate {galrrnrn) Talal Vorulne {gallons) (6) • (5) _ (4) Vo1l1n1C pet Act e (gellaue)191 17L (A) ev 6'G'.2 (,0J % 72-ca a 24K6 i �� ZZ. 7 6, Lt, Crop Cycle Totals I _ _i Owner's Signature Certified Operator (Print) Operator's Signature Operator's Cel titication No. l NCOA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. ' Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) followinrd each irriraatioll evenl. FORM 1. 2 Tract 4 Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Lagoon Irrigation. telds Record One Form for Each Field per Crop Cycle Facility Number Irrigation Operator Irrigation Operator's Address Operator's Phone it From Waste Utilization Plan Crop Type Reconnended PAN ( Loading 4-) u (twac) 2 (b) $11 (21 (3) t41 (5) 16) (7) (8) ig) 001 (111 Date mrrvddlyr luigabon waste Analysis PAN ' (OritDOD gal) PAN Applied L) r (91 1000 Nitrogen Balance (Vicre) (El) • 00) SEart Time End Time Total Minuses (3) - (2) i of sprinklers operaling Flow Rale (galfrn in) Total Volume Total (gallons) (6) ' (5) • (4) Volurne ¢u AUc (gauaue) M (A) Z- G : _-R C. YOn 1 Z-- 1, lad 5V . o /GVo� .�? �.j31 J Crop Cycle Totals i j Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. I NCGA Waste Anaylysis or Gctuivaieni or MRCS Estimate, Technical Guide Section 633. r Enter the value received by subtracting column (10) frorn (B). Continue subtracting coltnnn (10) from colurr:n (11) following each irrigalioll event. FORM 1. 2 Tract # Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Lagoon Irrigation r ields Record One Form for Each Field per Crop Cycle Facility Number''—/ Irrigation Operator /L.',-v "" Cc Irrigation Operator's Address Operator's Phone It Froin Waste Utilization Plan Crop Type Recommended PAN Loarlrny (Lracre) = (ti) Qg r n r7t Ml (41 151 46) (75 181 (91 (101 (til Date MnVd.0 r y lrrigalian '.Jasie Analysis PAN' (lWlCl50 gal) PAN Applied (lWdue) �1 - (91 (OQQ Nrlrogeu (5alancu ` (1waue) [41 (la) Slarl Time End Time Tolai Mimrles (3) - (2) 1 of Sprinkicis operaiing Flow Rate (gaUmin) Total Valurna (gallons) (5) 1 (5) • (4) Volume per Acrc {gatraae) [71 (A) ;2_r%Q��' Crop Cycle Totals f I Owner's Signature Certified Operator (Print) Operator's Signature Operator's Cetlifcalion No. NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. r Enter the value received by subtracting column (10) from (B). Continue subtracting colun5n (10) from coluain (11) following each irrigalion event. FORM 1. -2 Tract iV Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone f$ Lagoon Irrigation I fields Record One Form for Each Field per Crop Cycle Facility Number Irrigation Operator O > Irrigation Operator's Address Operator's Phone It From Waste Utilization Plan Gap Type rle[anuncnded PAN Loa�lurq > A-)(luacfc) _ (ti) rn M fit 141 f51 161 M (61 f9l nob f t ll Dale mrrJtldryr Ilri9auan Waste Analysis PAN ' (IW l000 rgab) PAN Applied (luacle) �l4 L Nrtrutjcn 0i lancu' (luauu) , I©) (Io) Sbarl Time End Time Total Minutes (3) - (2) or sprinklefs Operaliug _ Rate Flow Total Valurne (gattons) (6) • (5) + (4) V�lurte per Ante (gduacre) f71 (A) t L� —2S�7y' ICJr3ra �alGn /2d r�-�J ii OJ �rc]. ly Crop Cycle Totals Owner's Signature Certified Operator (Print) Operator's Signalure Operator's Certification No. b NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 7 Enter the value received by subtracting column (10) from (5). Continue subtracting column (10) from colutnn (11) following each irrirgalion event. FORM 1. •2 Tract # Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone W Lagoon Irrigation . gelds Record One Form for Each Field per Crop Cycle CDC Field 9 O Facility Number / Irrigation Operator {J., Irrigation Operator's Address Operator's Phone it From Waste Utilization Plan Crop Type ltccornmended PAN Loading {11daue) _ (E1) (� rn rn nr rn rs1 f61 r71 181 (91 Hot fill Date nUTVa%V i y In igauon waste Analysis PAN {lUto00 gal) PAN Applied (ti,lauc) 18L r9t 1000 Nrtiogeu tualancc' (ltrl;rue) (t7) - [l0) Slant lime End Time Total Minrilas (3) (2) a at sprinklers operatuig Ftaw Rate (gatlrnin) Total Vaiirrne (gallons) (6) • (5) • (4) Volume per Acre (galraue] 17) (A) bob v Z3.o�'` ,� e 2 a c;v� �`Ia' - I % `%�,5,' Crop Cycle Totals i j Owner's Signaturea Certified Operator (Print) Operator's Signature Operator's Ceitification No. NCOA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. = Enter the value received by subtracting column (10) (coin (8). Continue subtracting coltlnul (10) from column (11) following each irri9alion even(. FORM I. .2 Tract 4 Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone Y Lagoon Irrigation r fields Record One Form for Each Field per Crop Cycle r /Ova Field tt j Z 3� Facility dumber Irrigation Operator Irrigation Operator's Address Operator's Phone 0 From Waste Utilization Plat) Crop Type Reconuncruled PAN loadituj ( iLj (twacre) = (I!) I /0 r11 171 M (41 r51 [GI M 181 (91 1101 till Dale mmrddryr In igation Wasle Analysis PAN ' (IW 1000 gal) PAN Applied pijidcre) �81 • 0 19Q0 Nrlrogun Utklauce ' (lWaclu) {D) • (!U) Start Time End Time Total Minutes 13Y t�Y 0 or Sprinklers operating Flow Rale {gakrrnin} Total Volume (gallons) (6) • (5) • (4) Volume per AGe (gaVaGe) [71 (A) a, 60,o J d j7 Y2 Crop Cycle Totals Owner's Signature Certified Operator (Print) Operator's Signalure Operator's Cellificalion No. NCDA Wasle Anaylysis or Equivalent or MRCS Estimate. Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (S). Conlinue subtracting column (10) from column (11) following each irrigation event. FORM 1. 2 Tract 1) Field Size (acres) = (A) Farm Owner Owners Address Owner's Phone u Lagoon Irrigation n telds Record One Form for Each Field per Crop Cycle Facility Number / Irrigation Operator Irrigation Operator's Address Operator's Phone 11 Frain Waste Utilization Plan Gap Type EiCConuucucled(PAN cre)ad{t) rit 01 Ml 141 (5) (fit (7) (et (4) ilol (Ill Date nurVdLY r y Irrigation Wasle Analysis PAN ' (IhliCCo gal} PAN Applied (Itrrauc) �t • r9l I000 N1lrogcn liakancc' (Itdjue) (p) - (f0) Start Time End Time Taal Minuses (3).(2) / of Spanklus operating Flaw Rate (galJrrun) Total Valnunc (gallons} (6) • (5) x (4) Volume per Aue {yaPaue) (7) (A) jt Crop Cycle Totals I Owner's Signature Certified Operator (Print) Operator's Signature Operator's Celtirfcation No. l NCDA Waste Anay[ysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 7 Enter the value received by subtracting column (10) [rorn ([3). Continue subtracting colultut (10) from column (1 1) following each irrirgalion event. FORM L 2 Tract # Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone k Lagoon Irrigation r gelds Record One Farm for Each Field per Crop Cycle Facility Number - Irrigation Operator irrigation Operator's Address Operator's Phone it From Waste Utilization Plan trap Type �� RccauvireraJed PAN LaarlJH) 1/0 Is j 111 f21 (71 (41 (5) (6) (7) (81 (9) r101 fill Dale Mnuddlyr lrrigauon Waste Analysis PAN ' {lW1CC0gaO PAN Applied (IWdcre) -g1 f''f tCDU Ndrogurl 04tancc ' (IWaCrc) (a) (t0) Start Time End Time Toter Minuses M • M l °! 5 lni�lers pf operathrg Flow Rate {gallirun) (gallons} 7o1�Vohuna (6) , (5) , (`) V°Irulfe (gallaaper Acre) e +rs (A) 4 2— . 03? Crop Cycle Totals I Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. 1 NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each irtigalion event. FORM 1. -2 Tract # Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone 9 Lagoon Irrigation i lelds Record One Form for -Each Field per Crop Cycle Facilily Number / Irrigation Operator -n- T Irrigation Operator's Address Operator's Phone 1� From Waste Utilization Plan Ceop Type Recaiuuended PAN Loading (!placic) = tu) L� r n 121 (21 (41 (51 (6) 17) (8) (4) 1la) fill Date mrrsldJlyr Hr ig atlon Waite Anaiysis PAN' (IL1)coo gal) PAN Applied pWacre) t83 - I000 Nilrogen f341anc'; � ([Lr:iue) (©t • (10} siarl Time End Time Total Minutes A or sponidera OperdlurtJ Flew R810 (gaWnin) Total Vo)ierna (ga0ons) Volume per Aue (geuarsa) (A) Crop Cycle Totals Owner's Signature Certified Operator (Print) Operator's Signature Operalor's Ce[tification No. NCOA Waste Anaylysis or Equivalenl or MRCS Estimate, Technical Guide Section 633. 7 Enter the value received by subtracting column (10) from (8). Continue subtracting cohlmn (10) from cotu(lu) (11) following cacti ifrirgation event. FOFiM IRR-2 Lagoon Irrigation Felos Record One Form for Each Feld per Crop Cycle Trail 003 Feld ff Feld Size (acres) = (A) / Farm Owner % _ C-Z� Owner's Address Owner's Phone # Facility Number // 1 - Irrigation Operator Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Crop Type Recommended PAN Loaning d {1} 0 (3) (4) i5} {61 M (a) (9) (10) M1) Date mmIddlyr Irrigation Waste Analysis PAN' (Mill gaQ P eied cbiac�={g}- 1000 {ritroq Qalance _ M - 00) Start Time End Time Total trrurmnes ar Sprinklers Operating Plow Rate (gall—) Total Volume (gall—) Volume per Arse (gaflaae) (a -27v- 330. : v Gov /? 7ri zoo ,,rs`%�' Crop Cycle Totals Owner's Signature Certirned Operator (Print) Operator's Signature Operatoes Certification No. NCOA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 7 Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each irrigation event. FoFim lulu-2 'tract # Feld Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Lagoon irrigation Fields Record One Form for Each Field per Crop Cycle e!d # /� Facility Number Irrigation Operator Irrigation Operator's Address Operators Phone # From Waste Utilization Plan Crop Type Recommended PAN lma6ng J wacre) = A ( - rn rzt r3l tat (M 191 m tat t9t (IM fill /--�c 3 F 3 Date mmlddlyr Irrigation - Waste Analysis PAN' (1b11DD0 gafj - PAN Applied (Vacre) 8��} jma ff"en Baiance= {lw=e) (B) • 00) Start Time End Tune Taha! Minc'tes (3) - (2) a of Sprinklers Operating Flow Rate (gallmin) Total Volume (gins) (sl x (Sl x (a) Volume per Aae (galla¢e) -0— A Loy 2 Z 6 . 7 Crop Cycle Totals Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. s t NCDA Waste Anaylysis or Equivalent or MRCS Estimate, Technical Guide Section 633. z Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event Font iRA-2 Tract # Feld Size (acres) = (A) Farm Owner Owner's Address Owners Phone # Lagoon Irrigation Fielos Record One Farm for Each Field per Crop Cycle /per Feld Facility Number Irrigation Operator Irrigation Operator's Address Operators Phone # From Waste Utilization Plan Crop Type Reconunended PAN Loading (tbla—) = (B) rii PA M1 la fm On rn I%n fm rsM �,.. Owe mr¢SlCd yr Irrigation waste is PANPAN Applied (ip aae) (It]1100Q gal)�� 5000 Nitrogen Balance = {IblaQe) (g) - {t0) Stan T0* End Time Total i (3) - (2) r of Sprinklers Operating Flow Rate ) 1 oral Volume (C,altOr:s) (s) x (5) x (4) Volume per Acre (gallaaej �_ (Al 9-2-7 -0 7 'ems s ,� ,� �s'v :Z J 2.2- 4 .— 1 7 . s'7 2_ l i Owners Signature Certified Operator (Print) II Crop Cycle Totals Operators Signature Operators Certification No. i NCDA Waste Anaylysis or Equivalent or MRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (E). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Irrigation Felas Record One Form for Each Field per Crop Cycle Tract. 1ec•3 Feld # Feld Size (acres) = (A) Farm Owner Owner's Address Owner's Phone Facility Number - j --// Irrigation Operator a F„r,� Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Crop Type Recommended PAN Uaffng (1) 0 M (a) M M . M f81 (gl rigs rill Owe mmfdC'yr iniyation - Waste Analysis PAN' (I l 000 SM - PAN Applied MI—e) Ml 0 1000 Mdmgen ealance= ¢Mace) Start Tame End Tune Total rdernaes F� - t'z) y of Spriniders Operatsr:g Flow Fate [gauanan) Tatef voiume (gan�3 (6) _ (5) _ (a) Vohune per Acre (saVaie) M A l:j 160) 64d, 2-0 yod G sue' f • 32 , i ' I Crop Cycle Totals t j Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. I NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (13). Continue subtracting column (10) from column (11) following each irrigation event FORM (RR-2 'tract # Feld Size (acres) _ (A) Farm Owner Owner's Address Owner's Phone # Lagoon Irrigation Felts Record One Form for Each Field per Crap Cycle Feld # T CI-1 Facility Number Irrigation Operator Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Crap Type Recommended PAN Loading {Ib/—) _ (B) rtl M f31 fal M (sl m (a) M lta) fill Date n=dd yr Irrigation Waste Analysis PAN {tbft Opp gal) PAN Fppled ovacre) . [ ) t000 N'drogen Balance" (Wacre) {B} {t0) Start Tama End Time Total Adurutes of Sprinklers Operating ow ) FlBata Total Volume (gallaru) Volume per Arne le) A 3 36.,;'o 11&13 3. y Crop Cycle Totals I 1 Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. I NCOA Waste Arayiysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event- FORM IRR-2 Lagoon Irrigation Felts Record One Farm for Each Field per Crop Cycle Tract ; Feld # Feld Size (acres) = (A) Fans Owner Owner's Address Owner's Phone ;f Facility Number 7—/ - Irrigation Operator Irrigation Operators Address Operator's Prone # From Waste Utilization Plan Crop Type Recommended PAN Loading / l� —arnz ¢grave) = (e) G f11 (2) Cat (4) M f6l M fat (91 f101 fill Date =Vddyr Imgatson _ Waste Analysis PAN' (lhriQOQ gaq PAN Appfed tbl�el L x 1000 If"en Balance t pWavej (B) {tor - start Time End Time Tate! (3) - C2) Y of sprinklers Operating Raw Rate (gaitun) TV otal Volume (gallons) (6) x (5) x (4) volwne per Aare (gavacre) �. r _ 2l-V3 v 8 1 ��� 3:� .i:'� �o� � /� _a��� z Lai, I . � � • v .-c5 I I I Crop Cycle Totals Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. I NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each irrigation event. FORM MR-2 Tract R Feld Size (acres) = (A) Lagoon irrigation Fields Record One Form for Each Field per Crop Cycle Facility Number Farm Owner lrrigation Operator Owners Address Irrigation Operator's Address Owner's Phone Operator's Phone # f bwj From Waste Utilization Plan Grip Type / Recommended PAN Loading I wape) + M C rst 1e1 rs tit M tat f91 rtrn n,ti Oats mmiddiyr anigatian Waste Analysis PAN' llnit000 ga(} PAN Appried wage) LM . M) t000 DFrtrogen Balance _ Qhlave) (s) - IZa) Start Tame End Time Total i�Ainutes (3) ' M Y of Sprinklers Operating Flow Rate ��) Total Volume (gallons) (9) " (5 " (a) Voawne per Acre (_gaUaae) JD — A vJ G�� Z� .lv� I • 3 l Crop Cycle Totals L__ Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. s NCDA Waste Anaylysis or Equivalent or MRCS Estimate, Technical Guide Section 633- ' Enter the value received by subtracting column (t 0) from (8). Continue subtracting column (i a) from column (1 i) following each irrigation event_ FORM IRIa-2 Tract # Feld Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Lagoon Irrigation Fie1Gs Record One Form for Each Field per Crop Cycle I /o� 1 Feld # g 3� Facility Number ! -/ - Irrigation Operator - Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan crap Type Recommended PAN Loading / (ln/acre) _ (B) /[4 nt rr Ini rat rst rst rn ral f91 (tm rill Oats mmldd'yr Irrigation Waste Analysis PAN' (It?l100o gal) PAN Applied M/aae) t F typo N""en Balance 1 ptVacre) (e) - (10) Stag Time End Time Total f,+lirnttes (3)- (2) Y of Spnnklers operating Flow Rate (gall—) Total Volume (gailoru) (6) : (s) x (4) Volume per AQe {gaUaQe} 71 of L) /L `/� y ?v I /. L ,? z .Z. 7.?— Crop Cycle Totals I I Owners Signature Certified Operator (Print) Operators Signature Operator's Certification No. 1 NCt7A Was'e Anaylysis or Equivalent or NFICS Estimate, Technical Guide Section 633_ a Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (t 1) following each irrigation event FORM I. 2 Tract # Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Lagoon Irrigation . gelds Record One Form for Each Field per Crop Cycle Facility Number Irrigation Operator lrrigalion Operator's Address Operator's Phone # From Waste utilization Plan Coop Type Recomanended PAN Loading / (IWacru) = (B) tit 121 (31 (4) (5) M (7) (B) (gi 1101 till Date mnvOdlyt Irrigation Waste Analysis PAN ` (ilr/1000 gal) PAN Applied (lWacre) 1000 NolrOgeu Balancc (Vacoe) M ' (10) Start Time tend Time Total lr MICS (3) - (Z) if of Sprinklets operafiowj Flow Rate (gavrnin) Total Volume (gallons) (5) . (5) " (4) Volume per Aue (gatlaue) ...f?L (A) = d 13 Crop Cycle 'totals I I Owncr's Signature Certified Operator (Print) Operator's Signature Operator's Cellificalion No. I NCDA Waste Anaylysis or Equivalent or NRCS Estimate. Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Contintre subtracting column (10) from column (11) following cacti irriga(iori. even(. FORM IRIS-2 Lagoon Irrigation Felas Record One Form for Each Field per Crop Cycle Tract # �03 Feld # Feld Size (acres) = (A) KD . Farm Owner r Owner's Address Owner's Phone## Facility Number Irrigation Operator Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan crop Type Recommended PAN Loading r11 tm r31 (4) r51 f6l M 181 f41 tin) rill INEM Waste Analysis PAN 0., . PAN Applied ODD ra Total Volume a. u Crop Cycle Totals 1 j Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. 1 NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event FORM IFIR-2 Tract # Feld Size (acres) = (A) Farris Owner Owner's Address Owner's Phone # Lagoon Irrigation Fiews Record One Form for Each Field per Crop Cycle /oo Feld #] / J 7. 14 FacilityNumber - Irrigation Operator aS Irrigation Operators Address Operator's Phone # From Waste Utilization Plan Crop Type Recommended PAN Loafing (Iblacre) = (B) I & 11 ft) f21 (3) (4) (5) (6) M (a) (9) (10) ft1) Date mWddlyr Irrigation Waste Analysis PAN' (Ih/t 000 gaf) PAN Applied (ISyrarre) 9 " low rrilrogen Balance= Wacre) Stara Time End Time Total Afmirtes (3) - R # of Sprinklers Operating Flow Rate (9ay ) Total Volume W ) (� " (`) x (4) Volume per Acre (gallacre) M A �ye7 . _ z -�,' 3��o z, � lvf�o / /Z.� z_ot✓ G ov _ � ' /.G� ��. � Crop Cycle Totals i 1 Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. t NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-z Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # Go' Feld # Feld Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Facility Number / 1. ,1 Irrigation Operator Irrigation Operators Address Operator's Phone # From Waste Utilization Plan Crop Type Recommended Para taadng �� v Wa—) = (s) of rzr (31 rat M (s) m (a) M 001 (11) Date mrsJddtyr Irrigation Ware A,nafysis ?Ala' (>br1 Ooo ga!) P A ?ed m 1000 4oaQejme' start r.n,e Erd tuna Total Mirnste3 # of Spsinkfers ae�,g � Aare g—) ro(g lions) {ga(tans) Volume per.—e (9alfaae) A o ./2 v %Loos 2— Crop Cycle Totals I j Owners Signature Certified Operator (Print) Operators Signature Operators Certification No. r NCDA Waste Anaylysis or Equivalent or NRCS Estimate. Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Tract # Feld Size (acres) = (A) Farm Owner Owner's Address I Owner's Phone # Lagoon irrigation Fiews Record One Form for Each Field per Crop Cycle Facility Number Irrigation Operator 7---- _ Irrigation Operatoes Address Operator's Phone # From Waste Utilization Plan Crop Type Recommended PAN Loading list% pNacre} _ (e} fl) (2) (31 (4) (5) (e) (7) (81 (9) (70} rill Date mmldd/yr Irrigation waste Analysis PAN' (Ib110oo gat} PAN A?pried {1Ulacre} O- ( Witrogen Balance' (Iblaae} (B) - (10) Start Time Erxl Time Totw Minutes !� of S ririlders P operas ng Flow ) TOW Volume {gallons) (6) x (5) x (4) Volume (g �e 7 ace .23. / J G 6 9 LCv-e L ` L; 'at3 of r] J /0 Crop Cycle Totals Owner's Signature Certified Operator (Print) Operators Signature Operator's Certification No. F NCCA Waste Anaylysis or Equivaleni or NRCS Estimate, Technical Guide Section 633. $ Enter the value received by subtracting column (t 0) from (B). Continue subtracting column (10) from column (11) following each irrigation event FORM IRR-2 Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # /pv Feld # //. Facility Number 1 // Feld Size (acres) = (A) Faun Owner r r Irrigation Operator Owner`s Address Irrigation Operator's Address Owner's Phone # E Operator's Phone # 6 irl1 From Waste Utilization Plan Grip Type Recommended PAN Lading (lb/acre) = (3) M W M f91 M fM M fins n11 Dale mmiddjrr Irrigation Waste Analysis PAN' {Ib1t000 Saf1 PAN Applied (!blase) 1000 Nitrogen Balance' (iblacre) (B)- 00) Start Time End T'�rne T° Minutes I of Sprinklers operating Flow Rate f5aVm1n) Total Volume (gaiions) (s) - (S) - (4) Volume per Acre (gallace) i�i_ A QQ ` `f 2f0 roc] J G'O /2i0 e76 Jt7 Zc9�P L [ 31, �_ -2L i Z 'w Gov / 1v 7 I 4 I Crop Cycle Totals Owners Signature Operators Signature _ Certified Operator (Print) Operator's Certification No. t NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. z Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (t 1) following each irrigation event FORM IRR-2 Tract # Feld Size (acres) = (A) Farm Owner Owners Address Owner's Phone # Lagoon Irrigation Felos Record One Form for Each Feld per Crop Cycle ipo Feld # rZ/r . 7 Facility Number Irrigation Operator Irrigation Operator's Address Operator`s Phone # From Waste Utilization Plan Crop Type Recommended PAN Loading ice) = (a) 16 c�. 111 (n rat rst m tin M rat AM n m r, . Date mrrdddlyt Irrigation waste Analysis PAN' pb11000 gal) PAN ?ied 1000 �(ILJaae= (s) - 00) Start Time End Time Tots! hfiinutes (3)- (2) rt of Sprinklers Operating Ftpw Rate (gavm;nj Total Volume ((gallons)r) (6) x (5) x (4) Volume per Arne (9Warse) �)_ La 41v A 2-- . 7-0 7 7�aD v d�.1/.f Z y ' 660 G cd L ' ,1. ', a Crop Cycle Totals I I Owner's Signature Operator's Signature Certified Operator (Print) Operator`s Certification No. I 1 NCOA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. : Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (f 1) following each irrigation event FORM IRR-2 Tract ## Feld Size (acres) = (A) Farm Owner Owners Address Owner's Phone # Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle /da3 Fie}d # /L Facility Number a Irrigation Operator Irrigation Operator's Address Operators Phone # From Waste Utilization Plan Crop Type Fiecammended PAN Loading tom} = A �� d it) (21 191 W fm (91 M fm (91 1101 ,„l Crop Cycle Totals I 1 I 1 Owner's Signature Operator's Signature Certified Operator (Print) Operator's Certification No. s i NCQA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Tract # Feld Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Lagoon Irrigation Fields Record One Form for Each Feld per Crop Cycle Facility Number Irrigation Operator irrigation Operator's Address Operators Phone # From Waste Utilization Plan Crap Type Remmmended PAN Loading I7) (P) (3) (4) ts) (0 M M) (9) (toi If11 MM = ra O Crop Cycle Totals ! i Owner's Signature Certified Operator (Print) Operators Signature Operator's Certification No. I NCOA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633, s Enter the value received by subtracting column (1 D) from (8). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # Feld !# Feld Size (acres) = (A) J Farm Owner (� ` Owner's Address Owner's Phone # Facility Number Irrigation Operator Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Cusp Type —�� Recommended PAN Loafing (IClaae) _ (8) � 4 rn r� M a► M r6 m (e) (s) nm rs» tgyzm�� now Crop Cycle Totals i j Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. z NCCA Waste Anaylysis or Equivalent or MRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event FORM IRR-2 Tract # Feld Size (acres) = (A) Farm Owner Owner's Address Owner`s Phone # Lagoon Irrigation Fields Record One Farm for Each Field per Crop Cycle /cog Feld # C r T� 1111a.114 Facility Number IA Irrigation Operator s Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Crop Type Recommended PAN Loafing (wlacre) = (a) T �0 4 rn rat M rdl (M (M M (M (9) (IM rt�l • 11k 11� , • per Crop Cycle Totals 1 _ 1 f _ _ 1 Owner's Signature Operator's Signature _ Certified Operator (Print) Operator's Certification No. I NCOA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRF Tract # Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Lagoon lrrigatio,, , ic!as Record One Form for Each Field per Crop Cycle Facility Number / Irrigation Operator Irrigalion Operator's Address Operator's Phone II From Waste Utilization Plan Crop Type Reconvnended PAN loading % C,J� (IWaue) = (R) ! GAT red rn rat Nl r51 f61 (71 Hit i91 1101 fill Dale mn>✓dd7yr IuigaGon Wasle Ana"is PAN ' {1Gr1000 oaf) PAN Applied (lulacre) LLt`?L 1000 Ndrogull balance ' (IWacie) 04 • (10) Slarl Time End Time Tula! }rliruries (3)(2) Ior sprinklers Operating Flow Rale (gall,nin) Total VuG,ma (gallons) (g) + (5) _ (4) Volume per Arse (gallaae) _.tZL (A) Crop Cycle Totals Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. i NCDA Waste Anaylysis or Cduivalent or MRCS Estimate, Technical Guide Section 633. 7 Eoler the value received by subtracting column (10) from (8). Conlinue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Tract # Feld Size (acres) = (A) Farm Owner Owner's Address Owners Phone # Lagoon Irrigation Fielos Record One Form for Each Field per Crop Cycle Reid # Facility Number Irrigation Operator Irrigation Operator's Address Operators Phone # From Waste Utilization Plan Crop Type Recommended PAN Loading LCr Wit—) = (s) n, m rm rdi M rm M IM t9% rtrn Date =Vddlyr Irrigation Waste Analysis PAN' (Ib11000 gal) - PAN Applied Wane) ^�1 1000 r, bWen Balance = (Wave) �) - It e) Start Tm,e End Time Total Mouesigalbr�s) / of Sprinklers Operating Flow Rate (gailmin) TOW Volume (6) x (5) x (4) Votume per Acre (9aVacre) —E A /L J 3-1 YOO 2 `/ . c: 0- 5 �,�d� yU / L*� Oa, C' 3 3 e-e--n i / 0 / 3 7s Crop Cycle Totals 1 1 Owners Signature Operators Signature Certified Operator (Print) Operators Certification No. N1 i NCDA Waste Anaylysis or Equivalent or NFICS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Irrigation Fielas Record One Form for Each Field per Crop Cycle Tract # j dv-J Feld # Feld Size (acres) = (A) / Farm Owner Owner's Address Owner's Phone # Facility Number Irrigation Operator r Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan j} Crop Type j RecommendedP N Ukae g (1) fZ (3) r4) fs) (6) M 0 (9) t101 n,t Date mmlddlyr Irrigation Waste Analysis PAN , (lbl1000 gat) PAN Qp;ed f } 7e) " 1000 I Titrog balance 1 ((b - {t a) Start Tune End Time Total KnuLes P) - � of Sprinklers Operating Flow Rate (gaUrtim) Total Volume {6}(galfons)(4) Votume per Acre acre) J- A -e 3 3•2 O a /a -j Af -qL0 360 Z) Z3" 7 Crop Cycle Totals ! _ Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. I NCDA Waste Anaylysis or Equivalent or NaCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (8)_ Continue subtracting column (10) from column (11) following each irrigation event FORM IRFt-2 Lagoon Irrigation Felos Record One Form for Each Field per Crop Cycle Tract # Feld Size (acres) = (A) Farm Owner Owners Address Owners Prone # 10 Feld # r Facility Number / Irrigation Operator 0 irrigation Operators Address Operators Prone # •/ (Alf ye, From Waste Utilization Plan Crop Type Recommended PAN Loafing U gat-) = 03) /Tt M n% All /51 rat - in an Im nrn ly ii ..I �t�r��� • �� Owners Signature Certified Operator (Print) f Crop Cycle Totals 1 1 Operators Signature Operators Certification No. r NCOA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event FORM EAR-2 Tract # Feld Size (acres) = (A) Farm Owner Owner's Address Owners Phone # Lagoon Irrigation Felas Record One Form for Each Field per Crop Cycle -10 Feld # Facility Number Irrigation Operator A110 r . Irrigation Operators Address Operators Phone # From Waste Utilization Plan Crop Type Recommended �taadi� rrt rm rst rat r5l rst rn rat t9t ntn n,t Date m ate irrigation Waste Analysis PAN' (1h17 0QD gal} PAN aae)ed F Ooo 0 Lance If"�aae a Start Time End Time 6Ai OW (3} - / of Sprir+klers OP�ti"9 Flow Rate (gaumirr} Iota! Volume (g��) (6) x (5) x (a) Vohmra per AGM t9 A Owners Signature Certified Operator (Print) i t Crop Cycle Totals 1 1 Operators Signature Operators Certification No. t NCDA Waste Anaylysis or Equivalent or MRCS Estimate, Technical Guide Section 633. s Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event FORM 1Rp-2 Tract # Feld Size (acres) = (A) Farm Owner Ownees Address Owner's Phone # Lagoon Irrigation Fielas Record One Form for Each Feld per Crop Cycle pv� Feld # ]A ce, Facility Number / .! - // Irrigation Operator ,r Lam. Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan It Grog Type Recommended PAN lnadng 7 VWacre) _ (B) G 6 fit rm rm ray rfi On rn (RI r9t nm till Datmm/d a fnigation - Waste PAN ' Wl om Ij - - PAN Applied Waae) L9L low i�rat wen Balance (alace) Stara Tune End Turn Tana! woute5 P) - 0 = of n Flow Rate a � ) Tote! Voh"O WaDws) (6) x (s) x (4) Vohrme per Acre (yayacre) M A .70 - _�- o ••03 /F.'c*� /- 001.02 J loco -�� iz Za 3 744e) Crop Cycle Totals i _ _ Owner's Signature Operator's Signature Certified Operator (Print) Operator's Certification No. I 1 NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM iRR-2 Tract # Feld Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Lagoon irrigation Fielas Record One Farm for Each Field per Crop Cycle /pV Feld # Facility Number Irrigation Operator Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Crop Type Recommended PAN Loafing D AIEW—) = ta) fil 121 131 141 M 0 (ill Im M1 1101 rt�l IR MO W''Mm o MEWW • Owner's Signature Certified Operator (Print) �I Crop Cycle Totals I I Operators Signature Operator's Certification No. t NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. : Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event FORM ERR-2 Tract # Feld Size (acres) = (A.) Farm Owner Owner's Address Owner's Phone # Lagoon Irrigation Fielas Record One Form for Each Field per Crop Cycle Facility Number - Irrigation Operator Irrigation Operator's Address Operator's Phone # From Waste Utilization Plant Crop Type Recommended PAN Loac5n Wacre) = (s) (11 M (3) (41 fs) (61 M (8) (S) (10) rtyl Date mrrVddl Irrigation _ waste Analysis PAN' (db/1 Ooo gaq PAN Applied (Wave} [8} 1000 N'drogen &-lance : (rblacre] (&)' (t0) Start %ne End Tone Tatar NGnut� (3) - (21 # of Sprinklers Operating Flow Rate (gauminJ Total Vorume (gallons} t6?) x (5) x (4) vohtme per Aue L9aVaae} f71— I J 1 O Sq. i— '0Z. d' /� / /-30 �loyG,� a%J �� q��o /IOJ t7 / 3 6 c73 x7J / / Z J O 0 O a-) - J % O• d --2-- 3. L03 jI p c j'ov 4--20 j L,=J i 2r, "' o Crop Cycle Totals Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. 1 NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # Feld Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # 47,; Feld # Facility Number - I " / Irrigation Operator s Irrigation Operators Address Operator's Phone # — C From Waste Utilization Plan crop Type Recommended PAN Long L o pblacre) _ (e) (] ril r91 r41 (l1 r51 f n M rsl r91 11M r�tt Date mmldd!yr hrigation waste Analysis PAN' (tWl000 gan PAN Nacre) Applied �gL 1000 - IT"en Balance �) - (lay Start Tir" Es1d Tcne Total Mim7les (3) - R Not Sprinklers Operating ��) Total vohrme (gallons) (6) x (5) x (4) volume per Acre {Waore) JZ_ _ J 7 0-1 Z 0 S G a o .S�Xo o Z v z -10 G •,g 3 30 I z 0 3 60 0 X— DICL� :tom s' .? 2r3 Crop Cycle 'totals f Owner's Signature Operators Signature Certified Operator (Print) Operators Certification No. t 1 NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. x Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Tract # Feld Size (acres) = (A) Farm Owner Owner's Address Owners Phone # Lagoon Irrigation F'telas Record One Form for Each Feld per Crop Cycle e Facility Number f - —771 Irrigation Operator f Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Crop Type / ' . Recommended PAN Loading Q� ill rm M 14111 Al rm rn ran ran nm .,,. AC01? Feld # .J - i r [ YJ tI irt•''= _-_ - =rem —iMrssr �rlr�'a+r .�/ "=ram---M Mail 4 Owner's Signature Certified Operator (Print) r Crop Cycle Totals L J Operator's Signature Operator's Certification No. 1 NCCA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Irrigation Felas Record One Form for Each Feld per Crop Cycle Tract # �/O- Feld # Feld Size (acres) _ (A) _ 0 41 Farm Owner Owner's Address Owners Phone # Facility Number - I // Irrigation Operator* 1 Irrigation Operators Address Operator's Phone # From Waste Utilization Plan Crop Type Recommended PAN Loafing (mlaae) = Is) - fii 171 ra 141 M 1n m rat (M 11M fill . . . . . . . . . ... I -, -- - - I Crop Cycle Totals 1 J Owners Signature Operators Signature Certified Operator (Print) Operators Certification No. N I NCDA Waste'Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (9). Continue subtracting column (10) from column (11) following each irrigation event FORM (13R-2 Tract # Feld Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle pJ Feld # .0 C� FacilityNumber Irrigation Operator a• C'«, Irrigation Operator's Address Operator's Phone # .From Waste Utilization Plan Crop Type Rewmmended PAN Loa 3ng C% Wage) = (B) (1) (2) (3) (4) (6) M (B) (9) (101 f11) Date mrrJddlyr Irrigation Waste Analysis PAN (Vj 000 gat} P t Applied -�--M 1000 Ndrog Balance = (B) - (10) Stan Tine End Time Total ]mutes � of sprinklers Operating Flow Rate (gaVmiri) Total Volume {gallons) (6) x (5) x (4) Volume per Acre (gaVarre) J7)_ A -0z iCv .7'v� .� /30 .� o�7,62J --oj 330 /L� .3 bov .-too a zr t"I E1911 -9.13 / Zo Z, -.i- Crop Cycle Totals I _ .. I Owners Signature Certified Operator (Print) Operators Signature Operators Certification No. NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. ' Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each irrigation event FORM IRA-2 Lagoon Irrigation Felcs Record One Form for Each Field per Crop Cycle Tract # Reld # ro Facility Number - / Feld Size (acres) = (A) Farm Owner Irrigation Operator trr 7��,�,�, Owner's Address Irrigation Operator's Address Owner's Phone # Operator's Phone # From Waste Utilization Plan Crop Type Recommended PAN Loadng (Vacre) a (t3) +� fit M r'f1 (Al M (M - M M (91 ftnl Date mmlddlyr Irrigation Waste Analysis PAN' f W1000 gal) PAN �sied fal ip00 b'�,aen g e�'c 1 (8} - (t0} Start Tune Tu End ne Total Mi nutes Y of Sprinklers Operating low Ra i ) Total Voiume [gallons) (6) x (5) x (4) Volume per Ape (gaV—e) A Z 57L 3&oo o Jz0oc> /• � J Z.c7 : J? / y),too / csa �0-> ��-� 3fJdxx) %2.000 YL— .•a3 : a' 7: r.>-) 3 cv z.0;)v . v Jr 2— Crop Cycle Totals I - I Owner's Signature Certified Operator (Print) Operator's Signature Operatoes Certification No. z NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event- • g4�� FORM IM;-2 Lagoon Irrigation Fields Record One Form for Each Feld per Crop Cycle Tract # Feld # Feld Size (acres) = (A) Farm Owner W Owner's Address Owner's Phone # Facility Number Irrigation Operator Irrigation Opera S Address Operator's Phone # From Waste Utilization Plan Crap Type Recorfvnended FAN loafing C U (Iblacm) = (B) (1) (Z1 r31 (4) M (6) M (a) (91 (101 fill Date mmldd/yr - Imgafial Waste Analysis FAN' pbl1000 94 - PAN Applied (Iblaae) �L 1000 N'drogen Balance = (IgfaQe) (B) - 00) Start Tme End Time Total Idinutes (3) - {z) i of Sprinklers dP� 9 Flow Rate (gaurrw,) Total Volume (6) x14 ) x (4) voturne per Acre aae) A 7: o O'oa / v /3 n Ya 7�vv /. J 7 S L 12 Z 119 Vf- o-d3 Crop Cycle Totals I Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. l NCDA Waste Anaylysis or Equivalent or MRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (1 d) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Irrigation Fields Record One Form for Each Feld per Crop Cycle Tract # Feld Size (acres) = (A) Faun Owner Owner's Address Owners Phone # Feld # Facility Number i Irrigation Operator Irrigation Operator's Address Operators Phone # c3 _ T aj r From Waste Utilization Plan Crop Type Recommended PAN lrasrmg f11 M (31 141 r61 f61 rrt (8) (M riot n„ Date mrNddlyr Irrigation Waste Analysis FAN' (1b11000 gaq PAN aaa)� � M �� 1000 biRrogen cr e) (iLJar(1 ) (g) - (tO) Stag Time End Time Total Minutes (3) - (2) M of Sprinklers Operating Flow Rate (gaftin) Total Volume (gallons) (6) x (s) x (4) volume per Acre (gallacre) M_ A z_ /Jv a 3 od 7 0 odf 1 2,0 r z-3LO L /0, a- Y 0 130 1 a 9io-, 0 •, 4 Crop Cycle Totals I _ Owner's Signature Certified Operator (Print) Operators Signature Operators Certification No. r t NCDA Waste Anaylysis or Equivalent or MRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (S). Continue subtracting column (10) from column (11) following each irrigation event FORM IRR-2 Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Tract #i O 3 Feld # Feld Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Facility Number - Irrigation Operator c r cu Irrigation Operator's Address Operator's Phone It From Waste Utilization Plan Crop Type Recommended PAN Loading pwaele) _ (a) r,) t� ts► (4) (5) (61_ m (M (s) rtrn ran Date mrDate r Irrigation waste Analysis PAN' (I i wo gar) I . PAN �p;ed 1g—e 1000 N -i en Balance (B) - re)) Start Time End Time Total Mutes P) - (2) y of Sprinklers Operating Flow Rate (gaUmin) Total VoWrne (gallons) (6) x (5) x (4) Volume per Acre (gatlaae) _ M A 'Z i o i i� a� SAX a Z -a,-? z. j ,J?, 3 � �[�' J 2 / J Z o 0,2 7 300 / 2-0 3 0 oo /, v l0- ,•J IV 3 • 3' 0 3 z.dJ i ot� v /PI %Irw Crop Cycle Totals Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. a NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. z Enter the value received by subtracting column (10) from (S). Continue subtracting column (10) from column (11) following each irrigation event FORM IRR-2 Tract # Feld Size (acres) = (A) Farm Owner Owners Address Owners Phone # Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle /paw Feld #1 72-9 .J 44 ' r � Facility Number / � - 41 Irrigation Operator e Irrigation Operators Address Operators Phone # from Waste Utilization Plan Crop Type / Remmmended PAN L.oacring rn FA rat rat M rsti rn ref rsl rtaa rill ME OW= O wlrl S�mOEM nil: j P LWAaM K-A t1-V l �E �iWEEmu Crop Cycle Totals I J Owner's Signature Operators Signature Certified Operator (Print) Operators Certification No. Ii ! NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (l0) from (B). Continue subtracting column (10) from column (11) following each irrigation event_ FORM IRR-2 Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # /oj Feld # Feld Size (acres) = (A) Farm Owner "r Owner's Address Owner's Phone # Facility Number 77 Irrigation Operator. s Irrigation Operator's Address Operator's Phone # From Waste Utilization Plant Crop Type Recommended PAN Loading (t) M (3) (4) (5) (61 M (a) (B) tic) rill Date mntld Irrigation Waste Analysis PAN' (lb/1 DOD gal) PAN Applied (Ib/acre) x-__Li_ 1000 Nitrogen Batanre = (Iblacre) (B) - (70) Start Time End Time Total Knutes M- M # of Sprinklers p t�ti Flow Rate (gaftn) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gavacre) M A le j LOf U.3 /. 0 7 t' L ,2,D 3 -03 / • vim 3 12-4am lo Uad �_ J � O. 7 / d. -pro :�� 3 i✓ l / OD Y. 1 Crop Cycle Totals Owner's Signature Certified Operator (Print) Operator's Signature Operators Certification No. i NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. z Enter the value received by subtracting column (10) from ($). Continue subtracting column (10) from column (11) following each irrigation event } FORM IRR-2 Tract # Field Size (acres) _ (A) Farm Owner Owner's Address Owners Phone # Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle 770a? Feld # J Facility Number J'— I - F / Irrigation Operator Irrigation Operators Address Operators Phone # From Waste Utilization Plan Crop Type - Recommended PAN Laming C.v �t'F r4 h pblacm) - (e) fit rm rat rat M% im M mt Ml 11M Date mddryr waste Analysis PAN * t t� gat) PAN Appried (tvacre) IDDO Nitrogen Balance i Oblacre) (B) - (10) Start Time End Tune Total Minutes (3) - (2) : of Sprinklers operating Flow Rate ) Total Volume (galons) (6) x (5) x (4) Volume per Acre tgaVacre) M_ A a/a / �. 0:) oD v —2. :e3 2 ; i� �: v3 3 Sv / /Lo lo��!� 3•- v-c /0"r:. /,00 9'0 baa 2,470 •7, 2— v3 'e> o� = -0 Crop Cycle Totals I J Owner's Signature Certified Operator (Print) Operator's Signature Operators Certification No. I NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event FORM IRR-2 Lagoon Irrigation Fields Record One Farm for Each Field per Crop Cycle Trail # /oOJ Feld # Feld Size (acres) = (A) 3, 'D Farm owner _ j Owner's Address Owner's Phone # Facility Number Irrigation Operator a 01 Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Crop Type Recommended PAN Lowing (1) (2) (3) (4) M (61 M (M (9) 00) fill Date �dd� lrrigadorm waste Analysis PAN' (Ib/1000 gal) PAN Applied (►6dacre) 1- (91 NRrogen Balance' (lblacre) (B) " (10) Stan Tune End �uae Total Minutes A) - (2) y of Sprinklers operating Flow Rate (9offun) Total Volume (garlons) (6) x (5) x (4) Volume per Acre (gallacre) �L v 3 a Yoe I / _ J o e,-f, I /3,IA= 1. a . z-- .3 .,A) am' lit Z > Crop Cycle Totals L I Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. 1 NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Tract # Feld Size (acres) = (A) Farm Owner Owners Address Owners Phone !# Lagoon Irrigation Fields Record One Form for Each Field per -Crop Cycle Feld ## u Facility Number - Irrigation Operator a c 1 Irrigation Operators Address Operators Phone it From Waste Utilization Plan Crop Type Recommended PAN loading L'a r44=30 (lb,laae) = (B) - cre fft rn M fay Fa rM - M f l IM fin$ „t Dale mmlddJyr Irrigatiaii waste Analysis PAN' ()till o0o gall PAN Applied (falacre) �1000 N-"en Balance = p acre) (B) (10) Start Time End Ttme Total Minutes (3) - M / ar Sprinklers ope rating �-� Tota! Volume (gallons) (6) x (5) x (4) Volume per Acre (gallacre) M A /G J c7 / / 2v i 7 Crop Cycle Totals Owners Signature Operators Signature Certified Operator (Print) Operators Certification No. 1 NCDA Waste Anaylysis or Equivalent or NFICS Estimate, Technical Guide Section 633. z Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Tract # Feld Size (acres) = (A) Farm Owner Owners Address Owners Phone # Lagoon Irrigation} Fields Record One Form for Each Field per Crop Cycle cv3 Feld # a Facility Number Irrigation Operator Irrigation Operators Address Operators Phone # From Waste Utilization Plan Crop Type Recommended PAN Loading .� m M r31 141 r9 r61 rA (M M (1 m Date mrNddlyr Irtigation Waste PAN' Analysis (>fr/7 pop galj - PAN Applied Wacre) � 9006 Ntrogen Balance' (lblar re) �) - t1B) Start T Time Totaloperating lWrnates (g) - (2} if of Sprinklers Flow Rate (gam) Total Volume (gallons) (6) x (5) x (4) Vohrme per acr a (galraae) M '1 -0 ` r o� / o vo 3,30 J Z 2 4V'0 1149 KOO [7 : 3 3z Y Crop Cycle Totals Owners Signature Operators Signature Certified Operator (Print) Operators Certification No. I NCDA Waste Anaylysis or Equivalent or MRCS Estimate, Technical Guide Section 633. z Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Tract # Feld Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle- i o�r3 Feld # ,d .J CA) ( r �.-- Facility Number trrigation Operator I -1-Ir Irrigation Operators Address Operator's Phone # From Waste Utilization Plan Crop Type Recommended PAN loading tom} = {el --I� en eat rat e41 fm em m (Al M% rtrn r+i% Rate mrNddlyr Waste Analysis PAN' OW1000 gall PAN nacre} d �� i000 N'trogeo 8a3artre' M War-re) Start Time End Time Tote! V wtes (3) - � 11 fll Sprinklers O�b^9 Flow Rate (gaUrnrn} Total Volume (9 1 (6) x (5) x (4) Volume per Aae t�+a«ei M- A 3.3 Za (oco ov /, v 7 . •v ;w j �.� 3 as /� 6E� i Z oQrJ I � `� Crop Cycle Totals i ( Owner's Signature Operator's Signature Certified Operator (Print) Operators Certification No. 2 NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from ($). Continue subtracting column (10) from Column (11) following each irrigation event 0- / FORM IRR-2 Lagoon Irrigation} Fields Record One Form for Each Field per Crop Cycle Tract # T o � Feld # Feld Size (acres) = (A) I J Farm Owner Jj r 7r,w., Owner's Address Owner's Phone Facility Number 1 - 1 / Irrigation Operator r Irrigation Operator's Address Operator's Phone # From Waste Utilization Plant Crop Type Recommended PAN Loading LIU ,c C '1 ova=) _ (e) (1) 0 (3) (4) (5) 161 . M (8) (9) (10) till r � � ����� � ti � r/mil•«/� r Crop Cycle Totals I I Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event FORM IRR-2 Lagoon Irdga#ion Fields Record One Form for Each Field per Crop Cycle Tract # Gv 3 Feld # Facility Number Feld Size (acres) = (A) Farm Owner irrigation Operator / ,r Owner's Address Irrigation Operator`s Address Owner's Phone # Operator's Phone # From Waste Utilization Plan Cmp Type / Recormnended PAN Load -mg rT► M► MI ray M rm M I'm m5 nrn a. ��� - per Crop Cycle Totals I Owner's Signature Operator's Signature Certified Operator (Print) Operator's Certification No. i NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (S). Continue subtracting column (10) from column (1 1) following each irrigation event �IJPf' VIXI?10 Michael F. Easisy Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Kllmek, P,E. Director Division of Water Quality CERTIFIED MAIL JtETURMCEIP T REQUESTED 70031680 0000 5403 7253 March 9, 2004 Mr, Fred Cunningham 203 West Farm Way Gaston, North Carolina 27832 RE: Notice of Recommendation of Enforcement Belcross Farms Facility Number 15-11 Permit No. AWS 150011 Camden County Dear Mr. Cunningham: . This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns violation of conditions iri your Swine Waste Operation General Permit, Certified Animal Waste Management Plan and North Carolina Administrative Code Subchapter 15A ,0217. The referenced facility, Belcross Farm, is located 1 mile east of Belcross on Hwy 158 in Camden County,North Carolina. On March 9, 2004, Mr, Martin McLawhorn of NC Division of Soil and Water notified Mr. Scott Vinson of NC Division of Water Quality of the following violations that he observed during the operational review inspection that was conducted on March 5, 2004. The lagoon level records were observed to read 18 inches in the lagoon on June 9, 2003 with the lagoon remaining in the storm zone through July. The waste level in the lagoon rose back into the storm zone noted on November 3, 2003 at 16 inches, December 9, 2003 at 18 inches, and from January 21 through February 23, 2004 ranging from 18 to 14 inches. This is a violation of condition V, item 3 of your NPDES General Permit, for failing to maintain the maximum waste level in lagoons/storage ponds as specified in the CAWMP. At a minimum, maximum waste level for waste for lagoons/storage ponds must not exceed the level that provides adequate storage to contain a 25 year, 24 hour storm event plus an additional foot of structural freeboard. 2. You failed to notify the Washington Regional Office DWQ staff that the lagoon level had entered back into the storm storage zone(greater than 12 inches but less than 19 inches). This is a violation of condition III, item 6(e) of your General Permit, for failing to report by telephone to the appropriate Regional Office within 24 hours of first knowledge of the aforementioned violation. Please provide this office with an explanation of the violations and a copy of freeboard, irrigation, waste and soil records for 2003-2004 within five (5) working days from receipt of this Notice to: Mr. Jim Mulligan Division of Water Quality 943 Washington Square Mall Washington, North Carolina 27889 943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946.9215 (Fax) Page Two Belcross Farm Facility 15-11 Your explanation will be reviewed and if an enforcement action is deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Please be advised that any violation of the terms and conditions specified in your Certificate of Coverage (COC), the General Permit or the CAWMP may result in the revocation of your COC, or penalties in accordance with the North Carolina General Statute 143-215.6A through 143-215.6C including civil penalties, criminal penalties and injunctive relief. If you have any questions concerning this matter, please contact me at 252-946-6481, ext. 212 or Scott Vinson, ext. 208. cc: Frank Williams, Williams Farm of North Carolina Camden Caurrty Soil and Water Conservation District NCDWQ-GW-WaRO NCDSWC-WaRO w/out attachments Non -Discharge C:onV fiance Unit w/out attachments WQ Calera) Files WaRO SAV Files Sincerely, A --Jim Mulligan Water Quality Regional Supervisor `n aa0amI m I Postage S Im Certlfled FeeIn , 4 Retum Recfept Fee 2788 (Endorsement Required) 4 Restricted Oe[Tvo Fee O {+trdoraement Required) (,5 Total Postaoe 6 Fees it 4, 'f y rn J 3 r c3 MR FRED CUNNINGHAM wa 203 WEST FARM WAY ---- ciry ' GASTON NC 27832 I 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 15 11 Date: 3/5/04 Time: 1 1330 Time On Farm: 60 WARO Farm Name Belcross Farm County Camden Phone: 252-537-4153 Mailing Address 203 West Farm Way Gaston NC 27832 Onsite Representative Joe Balok Integrator INortheastern Carolina Farms Type_ Uisit Purpose Of Visit ® Operation Review ❑ Compliance Inspection (pilot only) ❑ Technical Assistance ❑ Confirmation for Removal ❑ No Animals -Date Last Operated: ❑ Operating below threshold IN Swine ❑ Poultry ❑ Cattle ❑ Horse Design Current Capacity Population ❑ Wean to Feeder ❑ Feeder to Finish ® Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars t 240 497 outine Response to DWO/DENR referral Response to DSWC/SWCD referral Response to complaint/local referral Requested by producer/integrator Follow-up Emergency Other... Design Current Capacity Population ❑ Layer ❑ Non -Layer ❑ 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 ❑ 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 ❑ 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 DWO notification? 3- 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 ® no Structures Structure 2 Structure 3 Structure 4 Structure 5 Identifier Level (Inches) 22, IF IF 11 1 CROP TYPES corn Soybeans Wheat 7711 SPR�LD SOI�$ 7, What type of technical assistance does the onsite representative feel is needed? (list in comment section) 03/10/03 Facility Number 15 - 11 Date; 3/5/04 PARAMETER O No assistance provided/requested ❑ 8. Waste spill leaving site TECHNICAL ASSISTANCE Needed Provided ❑ 9. Waste spill contained on site 25. Waste Plan Revision or Amendment ❑ ❑ 10Level in structural freeboard ❑ . Conditional ❑ ❑ ❑ 11., Level in storm storage 26. Waste Plan Amendment 27. Review or Evaluate Waste Plan w/producer El ❑ ❑ 12. Waste structure integrity compromised 28. Forms'Need (list in comment. section) ❑ ❑ ❑ 13.. Waste structure needs maintenance 29. Missing Components (list in comments) ❑ ❑ ❑ 14. Over application >= 10% & 10 lbs. 30.21i.0200 El El 15. Over application < 10% or < 10 lbs. re -certification ❑ 16. Hydraulic overloading 31. Five & Thirty day Plans of Action (PoA) ❑ ❑ 32. Irrigation record keeping assistance ❑ ❑ ❑ 17. Deficient irrigation records ®1S. Latelmissing waste analysis 33. Organize/computerization of records ❑ ❑ ❑ 19. Late/missing lagoon level 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 removallclosure procedures ❑ ❑ 37. Waste Structure Evaluation ❑ ❑ ❑ 23. 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: ❑ Other... 43. Irrigation system design/installation ❑ ❑ Date: 44. Secure irrigation Information (maps, etc.) ❑ ❑ 'LIST IMPROVEMENTS 45. Operating Improvements (pull signs, etc.) ❑ ❑ MADE BY OPERATION 46. Wettable Acre Determination ❑ ' ❑ 1 47. Evaluate WAD certification/rechecks ❑ ❑ 48. Crop evaluation/recommendations ❑ ❑ 2 49. Drainage worklevaluation ❑ ❑ 50. Land shaping, subsoiling, aeration, etc. 51. Runoff control, stormwater diversion, etc. ❑ ❑ ❑ El3 52. Buffer improvements ❑ ❑ 53. Field measurements(GPS, surveying, etc.) ❑ ❑ 4. 54. Mortality BMPs ❑ ❑ 55. Waste operator education (NPDES) ❑ ❑ 5. 56. Operation & maintenance education ❑ ❑ 57. Record keeping education ❑ ❑ 6. 58. Croplforage management education ❑ ❑ 59. Soil and/or waste sampling education ❑ ❑ 03/10/03 Facility Number 15 - 11 Date: 1 3/5104 COMMENTS: *Waste analysis dated 2/10104 nitrogen is 0.98 lbs/1000 gallons 6/2/03 nitrogen is 1.2 Ibs/1000 gallons 3/24/03 nitrogen is 1.0 Ibs/1000 gallons `Soil test dated 11/13/03 Cu, Zn and ph within guidelines. Lime was applied at recommended rates during Oct 2002. "Wheat crop in good condition. 1.8. Missing waste analysis to cover irrigation events on wheat for Nov. 03 and Dec 1-9 03. Unable to answer #4 concerning over application for this. crop. 18. Missing waste analysis to cover irrigation events after Aug 2, 2003. "See DWQ insopection dated 6/26/03 referring to waste analysis and soybean crop. "IRR1 and IRR2 records were made available for review. "Lagoon level is recorded wekly. "Lagoon level < 19" and not reported to DWQ. 6/9103 18" 6/16/03 17" 6/26/03 16" 6/30/03 15" 7/10/03 16" 11/3/03 16" 12/9/03 18" 1 /21 /04 18" 1 /27/04 16" 2/3/04 15" 219/04 15" 2/16/04 14" 2/23/04 14" TECHNICAL SPECIALIST IMartin McLa horn SIGNATURE Date Entered: 3/9/04 Entered By: Martin McLawhorn 3 03/10/03 ■ Complete items 1, 2, and 3. Also complete A. Sig ature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse ❑ Agent X [ti-0 Addressee B. Received by (Prr ed Nam C. Dat of Delivery �,lf 1+X [ U so that we can return -the card to you. faA Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different ern 1? ❑ Yes If YES, enter delivery address below: ❑ No 1. Article Addressed to: MR FRED CUNNINGHAM 203 WEST FARM WAY GASTON NC 27832 PS Form 3811, August 2001 3. Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? aDrtra Fee) ❑ Yes Domestic Return Receipt 102585-M-M-1540 V UNITED STATES POSTAL $ERVl6E� f' lass fVlai- ss Mai } x First-C P1 v Postag II ,..e-_ & Fees-Paid USPS Permit No"G-16- • Sender. Please print your name, address, and ZIP+4 in this box • North Carolina Department of En%ironment & Natural Resources Washington Regional office Division of Water Quality 943 Washington Square Mall Washington North Carolina 27889 �� itEil�!E!!"rl�tiiEil�lili!!!illliiii'illliEiliEl:fli:Itiikii F INAr Michael F. Easley, Governor �a 9Q G Wiliam G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources �O rAlan W. Kimek, P.E. Director 7 Division of Water Quality a � July 30, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 2410 0006 2026 8686 Mr. Franc Williams Williams Farms of North Carolina, Inc. 5021 Morris Neck Rd. Virginia Beach, NC 23457-1399 SUBJECT: NOTICE OF VIOLATION Animal Feedlot Operation Compliance Inspection Belcross Farm Facility No. 15-11 Camden County Dear Mr. Williams: Thank you for your recent submittal of the information requested in our NOV letter dated April 16, 2003. Upon review and consideration of the information submitted, the Washington Regional Office has determined that an NOV is appropriate due to the unsatisfactory operation and maintenance of the waste treatment system. This letter is to notify you that the subject facility is in further violations of its Certified Animal Waste Management Plan, General Permit, Title 15A North Carolina Administrative Code, Subchapter 2H, Section .0217(d) and N.C.G.S. 143-215.1. On June 26, 2003, Scott Vinson from the Washington Regional Office of the Division of Water Quality (DWQ) conducted an Animal Feedlot Operation Compliance Inspection at the Belcross Farm in Camden County. A copy of the inspection report is attached for your review. In general, the Compliance Inspection was to determine if: (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 21-1.0217, Senate Bill 1217, and the Certified Animal Waste Management Plan; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator; (4) the required records are being kept; and that (5) there are no signs of seepage, erosion, and/or runoff. The following violations were observed during the.inspection: ➢ The corn crop had not been planted as in accordance with the Certified Animal Waste Management Plan (CAWMP). In accordance with condition 11, Rem 2 of your General Permit, a vegetative cover shall be maintained on all land application fields and buffers in accordance with the CAWMP. The failure to plant a corn crop has lead to the overapplication of Plant Available Nitrogen (PAN). The CAWMP allows for the preapplication of waste 30 days prior to planting. There were numerous irrigation events in March, April, and May on multiple fields that did not have a crop planted. Only until July 3, 2003 when soybeans were planted was there a crop available for the uptake of PAN. All waste application events from March of 2003 until June 3, 2003 are to be considered as overapplication of PAN. There are 15 fields ranging in overapplication from 26 lbs.PAN/acre to 73 Ibs.PANlacre. Also in accordance with condition II, item 4 of your General Permit, land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen (PAN) rate for the receiving crop or result in runoff during any give application. W Wash inaton Sauare Mail Washinaton. NC 27889 (252) 946-6481 (Telephone) (252) 948-9215 (Few) AM 7-i_�frl4 Customer Service Page Two Notice of Violation July 30, 2003 Belcross Farm it is very important as the owner and/or the Operator in Charge that these aforementioned violations and any other problems that may arise be'resolved, as soon as possible. For additional assistance, please contact your Technical Specialist. You are requested to respond In writing within ten (10) days of receipt of this Notice, outlining the corrective actions that have been undertaken and/or have been planned to address these violations and any further actions taken to prevent future violations of this nature from occurring. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Please be advised that this letter does not prevent the Division of Water Quality from taking enforcement actions for past or future violations. Thank you for your cooperation and assistance. If you have any questions conceming this matter, please contact me at 252-946-6481, e4 212 or Scott Vinson at ext. 208. Sincerely, oil- Jim ulligan Regional Supervisor cc: Dr. Fred Cunningham, Northeast Carolina Farms, Inc. Camden County SWCD Office DSWC-WaRO Non -Discharge Compliance and Enforcement Unit . DWQ Central Files WaRO -'S)W Files !cocn o ll:A�.►.r VL.'7UlJUUU�-, �l.am.�7�.! �+LA_'i1D ru ., FNCIAL USE ru o cedned fee C3 © i Retum R-lept F- (Endomement RequW) O � (EndoraemeM�Requlredj s�'OI�� . tL Total P[mtwnn R Fa . Q: N.IN ru o FRANK WILLIAMS r' Ngji- WILLIAMS FARMS OF NC ________- wPof 5021 MORRIS NECK ROAD cfti: m VIRGINIA BEACH VA 23457 1399 """""""." Type of Visit Q Compliance Inspection O Operation Review - O Lagoon Evaluation Reason for Visit 4 Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Faro lilt; NungbGr 15 11 d)-Ite of Visit.- ObC2blZ003 Time: 2:15 10 Not O peratiuuai Q Below Threshold Permitted ON Certified 0 Conditionally Certified 13 Registered Date Last Operated or Above Threshold : ......................... Farm Name: B91CMJ.1AM........... ».................................................................................. County: C.#Mdcn ............................................ W.K.Q....... OwnerName:......... ......................................... W.[UMMA.F"M9.01.NoAb................... Phone No: 251-:53,7 153.......................................................... M.....ng /kddresv: 2Q rWUtF.arM.WAy...................... ............................. r..................... Mon...ilC......... ................... ....................... ..... 27832 ............. £'acuity- coii' ict: N1atrltt Mt.ICaiavb&.Ft .. ...............'1"i;&.: JAMJM ................................................. I'luaw No: ?.Z-.M.7-.4253...................... Eitu,ite ]oft.QnC.OwItA............................................................................... lategrator:KjDrt1im1.1:R71WWAJ afail..jxr..................... Certified Operator;joficph.d. ............................... BAJQk ................................................ Operator Cei ttrication Number: 2521M ............................. i iali:aai of 14�r:Cl: _................_...._...—_......._._....._.__.—._......._..._.....,..__......._..-----•-'--• ...._._._.........__.__.._ ............. ,1 mile east of Belcross in Camden Ca on east bound rt. 1S8 i� ®Swine [Poultry [Cattle ❑Horse --- _.�' ._W z . __.._-.�"` ` __` E Qat.sae+i: 3b 00 l.(In �itud. 7b OS l2 Design Current swine Capacity Population i❑ Wean to Feeder ❑ Feeder.to Finish N Farrow to Wean 1240 ? ❑ Farrow to Feeder_ ❑ Farrow to Finish D Gilts — ❑ Boars Design Current Design Current Poultry Capacity Population Cattle_ Capacity Population ❑ Layer ❑ Dairy ❑ Non -Layer ❑ Non -Dairy ❑ other Total Design Capacity 1,240 Total SSLW 536,9Z0 Number of Lagoons. 1 [3 Subsurrace Drains PrescnLJjC1 Lagoon Area JCI Spray Field Area � Holding Ponds 1 Solid Traps 10 No Liquid Waste Management System ,.Ic��;c_'e:�ssls`•:, ar: �€ra:ar.wt� i;s_ Iwg�:V I. Is any discharge observed from any part of the operation? L] Yes L� No Discharec originated at: -j Lagoon ,�- Spray Field ijl Other n. If discharge is observed. was the conveyance ivan-made? ❑ Yes L j No b. it'dischargc: is obsvrvad, (lid it ivaclj Water oftlw State'? (Ifyes.. notili, DWQ) ❑Yes ❑ No c. If discharge is obscrvcd, what is the cstimalcd flog in Qathnin`.' d. Does discharge bypass a lagoon �y tcm? (If yes, uotify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes Ld' No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes N No :s, �'.•4.'.�i�.'. G�Yl Y�''IFt 4. Is storage capacity (freeboard plus storm storage) less than adequate? Cj Spillway P Yes i.._i No 1 Sin i,--!iiiv, `', 1i111LfiiYi: + Swl; tilr��4 °+tt'Ii0iHi o,' swil(tIoro(f inllifiv:..................................................................................................................................................................................................................... l rci tloaad (iuuia��':. ..I . Facility Number. 15-11 Oate of Inspection 06lZ61Z003 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, t] Yes 9 No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? El Yes 9 No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintcnance/improvement? ❑ Yes ® No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ® No 9. Do any stucttues lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? 0 Yes Z No W,mge A Ika#iurr 10. Are there any buffers that need maintenance/improvement? I] Yes 0 No 11. Is there evidence of over application? ❑ Excessive Ponding ® PAN ❑ Hydraulic Overload & Yes ❑ No 12. Crop type Corn; Soybeans, Wheat 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? D Yes ❑ No 15. Does the receiving crop need improvement?- 16. Is there a lack of adequate waste application equipment? Reggired Revords & Dou•uments 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? 19. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, traps, etc.) 19. Does record keeping need improvement? (it/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (iel discharge, freeboard problems, over application) 23. Did Reviewer/inspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? ® Yes [] No I] Yes i;Q No 0 Yes ®t No r Yes ® No C Yes No i Yes No © Yes t No Yes No ❑ Yes El No 9 Yes 0 No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? 0 Yes �nj No .0 No violations or deficiencies were noted daring this visit- You will receive no further correspondence about this visit. Comments (refer to question'#)f Explain, any YES answers and/or any recommendations or any other comments. j Use drawings of facility to better explain situations. (use additional pages as necessary): ❑ Field Copy [I Final Notes i 0 Add.Info. records were sent into WaRO on 5/6/03, 5115/03, & 7/23/03.' Final record review occurred on 7/24/03. Before entering the farm I have tailed and left a message on Joe Balok's voice mail, 207-9633, and I called the main office t# 52-435-6930 and received no answer. After speaking with Joe on a later date, the NE Farm's address and phone# has changed. WaRO was notified by Joe Balok on 5/14/03 that the owner of the fields, Frank Williams, was going to be late planting the corn and was rely to plant soybeans instead. Today fields are being plowed. No crops have been planted yet. OTE: 2002-2003 wheat crop failed and was chemically burned down to prepare for next crop.' (30 lbsN limit should be deducted from sxt cmn.) Reviiewer/Inspedor Name Scott Vinson ReviewerAnspector Sianature: '� � Date: ' 'U� 05103101 Continued • Facility Number: 15-11 Date of Inspection 06/26/2003 . Odor lssues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge attor below []Yes [l No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? Yes ® No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? (_j Yes 0 No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) Cl Yes 19 No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes 9 No 32. Do the flush tanks lack a submerged fill pipe or a permanenthemporary cover? ❑ Yes ❑ No 11 & 15) There have been no crops planted within 30 days of applications of waste, Corn was supposed to have been planted back in Aril. On April 14, 2003 WaRO was notified by Joe Balok of high freeboard level in lagoon of 16" with POA to pump on fields that be planted with corn. On 5/14/03 Joe Balok notified WaRO that freeboard was 25" and was OK, however corn was not planted and were most likely to be planted. 1 & 15) I called and spoke with Joe Balok on 7/16/03 at 3:45pm. Joe told me that soybeans were planted on July 3, 2003. 1 told Joe iat all the waste applications prior to June 3, 2003 this year would be considered overapplication and an NOV would be sent to both ?.Fred Cunningham, President of Northeast Farms, Inc. and Mr. Frank Williams, owner of Williams Farms of North Carolina, Inc.. )e said they are still having communication problems with Mr. Williams' field crews regarding what to plant and when it needs to be Balok's new cell phone# : 252-578-4426 Need to submit an updated Plan of Action (30 day) to address the high freeboard as well as the cropping problems. I need to know crop will be planted. The lagoon needs to be mowed to help with the routine visual inspections. Waste analyis dated 6/2/03 with 1.2 lbs.N / 1000gal. 9) Upon reviewing irrigation events on Soybeans in July, the waste analysis used to determine PAN balance was an old one of 1.0 rsN/1000gaL Please start over with new irrigation forms for this year's bean crops. Correct the waste analysis used to reflect the most urrent analysis of 1.21bs.N/1000gal. as well as the need to clean up and reorganize irrigation forms. Only apply any irrigation events nor after June 3, 2003* to those fields that are planted in soybeans. (* Pre -applications for beaus planted on* July 3, 2003.) FJ Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality May 29, 2003 R C ` VED JUN - 4 2003 MRS BRENDA CUNNINGHAM NORTHEAST CAROLINA FARMS INC p Q-WARa P O BOX 865 U� MOYOCK NC 27958 SUBJECT: Acknowledgement receipt letter Civil Penalty Assessment of Violation Case # DV 00-029 Farm # 15-11 Camden County Dear Mrs. Cunningham: This letter is to acknowledge receipt of your check No. 7206 in the amount of $1,392.93 received on May 28, 2003. The balance of the penalty is $1,392.93 Payment of this penalty in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Steve Lewis at (919) 733-5083 extension 539. Sincerely, t jSteve Lewis Non -Discharge Compliance/Enforcement SL:sw ----------------------- CCW ashington-Regional-Of fice Enforcement File: DV 00-029 Central Files NCID E R Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled / 10% past -consumer paper h ttp://h2o. a nr. s to te. nc. us 0� WArF9 P� April 24, 2003 Mrs. Brenda Cunningham Northeast Carolina Farms, Inc. P.O. Box 865 Moyock, NC 27958 RE: Acknowledgment of Receipt of Payment Case No. DV 00-029 Farm # 15-11 Camden County Dear Mrs. Cunningham: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality � MMA APR 2 8 2003 DWQ-WARO This letter is to acknowledge receipt of your check No. 7055 in the amount of $1,392.93 on April 24, 2003. The balance of the penalty is $2,785.86. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 733-5083, ext. 539. Sincerely, Steve Lewis Non -Discharge Compliance and Enforcement cc:,", Y:5hington_Regional.Office File # DV 00-029 Central Files NU)ENR Customer Service: !Nailing Address: Telephone (919) 733-5083 Location: 1-877-623.6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled / 10% post -consumer paper httpJlh2o. enr. state. nc. us April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Williams Farms of.North Carolina, Inc. PO Box 865 Moyock NC 27958 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Belcross Farm #15-11 Camden County Dear Sir or Madam: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality I!, {�. _r�-5};-i•, ,T� Lim APR 2 3 2003 On March 6, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on April 2, 1999. In addition to this Notice of Violation (NOV), this non- compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the -needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Washington Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not Iimited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal *A HCDENR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled / 10% post -consumer paper http://h2o.enrstate.nc. us Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. if the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Washington Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Washington Regional Office Staff at (252) 946-6481. Sincerely, Alan W. Klimek, P.E. Director cc: Washing on.Regional Office Non -Discharge Compliance/Enforcement Unit Central Files O=0� W A T �RpG r y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 1 Alan W. Klimek, P.E. Director ' Division of Water Quality January 29, 2003 JAN 3 12003 MEMORANDUM DVVQ-WARD TO: Members E nmental Management Commission FROM: t Alan W. Klimek SUBJECT. February 13, 2003 Civil Penalty Remission Committee Meetings Please be advised that Chairman Moreau has appointed the following members to serve on the Civil Penalty Remission Committees, which will meet on February 13th, 512 N. Salisbury Street. Archdale Building, Raleigh, North Carolina. The Committees will convene immediately following the EMC business session. Enclosed for your information is the complete agenda package for the Civil Penalty Remission Committee Meetings. . Group I 91h Floor Conference Room - 917 David H. Moreau, Presiding Don Abernethy Anne C. Barnes Daniel V. Besse Will B. Fowler E. Leo Green, Jr. Greg Jennings Robert G. Ray Kenny Waldroup Group I1: Ground Floor Hearing Room Charles H. Peterson, Presiding Delilah Blanks Donnie W. Brewer Marion Deerhake Tommy Jenkins Reese Lasher Kevin C. Martin Frank S. Shaw Frederick B. Starr Larry Jordan Should you have any questions, please call Jennie Hill at (919) 733-7015 - Ext. 202 (voice mail) or email jennie.hill@ncmail.net. Enclosure AWK/jh cc: Bill Ross Section Chiefs Frank Crawley Regional Supervisors cprcm sag NM E —NR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623.7748 AGENDA ENVIRONMENTAL MANAGEMENT COMMISSION CIVIL PENALTY REMISSIONS COMMITTEE MEETING GROUP I 512 North Salisbury Street Archdale Building Ninth Floor Conference Room - Room 917 Raleigh, North Carolina February 13, 2003 (Immediately following EMC Business Session) DIVISION OF WATER QUALITY R�CZllWED Executive Order No. One mandates that the Chair inquire as to whether any member knows of any known conflict of interest or appearance of conflict with respect to niatters before the Commissioai. If arty member- knows of a conflict of interest or appearance of conflict, please so state at this time. David H. Moreau, Chairman, Presiding 03-01 Request for Remission of Civil Penalty by Avery Acres Mobile Home Park (LV 02-I54)* Buncombe — Asheville Regional Office 03-02 Request for Remission of Civil Penalty by Avery Acres Mobile Home Park (LV 02-189)* Buncombe -- Asheville Regional Office 03-03 Request for Remission of Civil Penalty by Williams•Fanns/Belcross Farm (DV 00-029) Camden — Washington Regional Office 03-04 Request for Remission of Civil Penalty by Jimmy McKenzie/McKenzie Swine Farm (PC 02-00I ) Sampson — Fayetteville Regional Office 03-05 Request for Remission of Civil Penalty by Knightdale MHP Ltd. (LM 02-016) Wake — Raleigh Regional Office 03-06 Request for Remission of Civil Penalty by Knightdale MHP Ltd. (LV 02-287) Wake — Raleigh Regional Office JAN 3 12003 DWQ-WARO CP: $1,500.00 Page # 2 IC: S 105.50 Remit: $0.00 CP: S500.00 Page # IC: $105.50 Remit: $0.00 CP: $5,000.00 Page # 20 IC: $571.72 Remit: $0.00 CP: $5,000.00 Page # 59 IC: $667.55 Remit: $0.00 CP: $300.00 Pace # 110 IC: $43.93 Remit: $0.00 CP: $500.00 Page # III IC: $43.93 Remit: $0.00 * Without objection, only one presentation of facts will be heard for entities with multiple cases before the Committee. Each case will receive a separate decision. Page 1 JAN 3 12003 DWQ-WA,RO CIVIL PENALTY REMISSION COMMITTEE MEETING OF THE ENVIRONMENTAL MANAGEMENT COMMISSION GROUP I 512 N. Salisbury Street Archdale Building — Ninth Floor Conference Room Raleigh, North Carolina February 13, 2003 (Immediately following EMC Business Session) W AGENDA ITEM: 03- O 1 Reguestfor Remission of Civil Penalty by Avery Acres Mobile Home Park WWTP (LV 02-154) Buncombe County EXPLANATION: On May 17, 2002, Forrest Westall, Division of Water Quality Regional Water Quality Supervisor for the Asheville Region, assessed a total penalty of $1,605.50 ($1,500.00 civil penalty, plus $105.50 investigative costs) against the Avery Acres Mobile Home Park WWTP for violations of NPDES Permit No. NCO022811 and G.S. 143-215.1(a)(6). On May 30, 2002, Mr. H. B. Stroup requested remission and waived the Avery Acres Mobile Home Park WWTP's right to an administrative hearing and stipulated that the facts were as alleged in the assessment document. RECOMMENDATION: The Division of Water Quality opposes any remission or mitigation of the penalty. The recommendation is made for the following reason: 1. The Director considered information submitted in suppori of the Avery Acres Mobile Home Park WWTP's request for remission of civil penalties in accordance with G.S. 143-215.6A(l) and did not find grounds to modify the initial penalty assessment of $1,605.50. 1` AGENDA ITEM: Request for Remission of Civil Penalty by Avery Acres Mobile Home Park WWTP (LV 02-189) Buncombe County EXPLANATION: On May 20, 2002, Forrest Westall, Division of Water Quality Regional Water Quality Supervisor for the Asheville Region, assessed a total penalty of $605.50 ($500.00 civil penalty, plus $ I05.50 investigative costs) against the Ave Acres Mobile Home Park WWTP for violations of NPDES Permit No. NCO022811 and G.S. 143-215.1(a)(6). On May 30, 2002, Mr. H. B. Stroup requested remission and waived the Avery Acres Mobile Home Park WWTP's right to an administrative hearing and stipulated that the facts were as alleged in the assessment document. RECOMMENDATION: The Division of Water Quality opposes any remission or mitigation of the penalty. The recommendation is made for the following reason: 1. The Director considered information submitted in support of the Avery Acres Mobile Home Park WWTP's request for remission of civil penalties in accordance with G.S. 143-215.6A(t) and did not find grounds to modify the initial penalty assessment of $605.50. W ,14 Cases LV 02-154 & LV 02-189 The remission requests for these two cases were combined in one document by the respondent, therefore these cases are presented together and only. one copy of the remission request is provided. Copies of both assessment documents are included in this package. poi 0-i%�u02 4 MCDEN'R Wrth Gwohna Denartment of Environment and Natural Resources ��irirc,�l iI',c�'.,•)'.linvrcnc�� WATER QUALITY SECTION May 17, 2002 CERTIFIED NAIL RETURN RECEIPT REQUESTED mrz H . B . .t t. rc,�scz Av:;s-y AL:rC.? Mobi c Home Park Office ce Box 62'16 1&I",evi_EP, North Carolina 28816 P HGyL U 11 rl�4( 1 WiM4111(.i, Itn,s, jr, 'i+:,:rcl,n}' Gte gory J. '1.1m„Ioc, I't,. H. Actiue- Dircei c' Division of %V-mrt• Otiuliiv SUBJECT: NOTICE OF VIOLATION and AS5E34M.EN7 OF CIVIL PXNALTY for N.C. General Statute 143-21,S 1;a and NPDES Permit NCO022811 Avery Acres MHP Case No. LV 02�-154 combe County Le,,�ter transmits a Notice of Violation and assessment of it; the amount of $1,605.50 ($1,500.00 civil penalty o, $!05. 5:0 F::.c;::•rcr��Pilt r.cst.$) against Avery Acres MHP. t-is asscssment- is based upon the following facts: a review has .,ep:: of the discharge monitoring report (I)MR) submitted by Av�:rr ,v,�!'es r-RP for the month of December, 2001. This review has shown t.h� facility tc be in violation of the discharge limitations n.,ini-Loring requirements found in NPDES Permit 14C0022811. The viola�_�.ar,r, �rli.i c:ll c)c:ci.o--rred in December 2001, are summarized in Attachment A to tli.i _, k:,ron the above facts, I conclude as a matter of law that Aver, Aux - a MHP V101aLed the terms, conditions Or requirements of NPDRi ► Mz,i,� -l- 115- rjc 'M t; 2 811 ar:f N . c_ . c; . S . 143 -215 .1($) (6) in the manner and ext—emr_ shop,. � v A;J-i�-hment A- l,ui-.suant to N.C.G.S'. 143-215.6A(a) (2) , a civil penalty c . ;3•-t ;�r:� e thLirl t.wer,ty-five thousand dollare ($25,000.00) may be asseg9ed );sr!iori who violates the terms conditions or requi.remente of a pt-i,ii0t rccpii---e-d by N.C.G.S. 143-215.1(a). B,3sNd upon the above findings of fact and conclusions of law, and .i., with authority provided by the Secretary of the Department. of Em,arn.-mient: anci Natural Resources and the Director of the Division (,)" watu.r Gunl. iry, i, Forrest R. Wpstall, Division of Water Quality Regional SuL)ervi.su'z for the Asheville Region, hereby make the following criv-'! pen. d .t y assesHtiit rnt, against $ 7,000.00 For _1of the 1 violations of G.S. 143- --'� 215.1 (a) (6) and NPDES Permit No. NCO0228'2 .t , by discharging waste into the waters of LhE- State in violation of permit monthly average effluent limits for total suspended solids. 500-00 _ For 2 of the 3 violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. Ni;O22811, by discharging waste into the waters of t1:=- State in violation of permit daily maxinnirr. effluent limits for total suspended scuds. ti � s�5.50 TOTAL CIVIL MALTY Enforcement costs. TOTAL MOUNT Dt rX -Z- ,r+ dr 4�L Avery Acres MHP NPDES Number NCO022811 Case Number LV 02 •'t54 Limit Violations, December 2001 Monthly Average Limit Violations Parameter Reported Value Lima# units T S S 49.3 30.0 mg/l Daily Maximum Limit Violations F'ararrjetar Date Reported Value Limit T S S 12/12/01 52.3 45 T S S 12; 1 9/01 70.7 46.0 i SS 12/27/01 84.6 45.0 -7- Units mg/i mg/i mg/I ern NCDENR North Carolina Deoartment of Environment and Natural Resources Michael F. Easley. Governor WATER QUALITY SECTION May 21, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. H. B. Stroup Avery Acres Mobile Home Park Post Office Box 6276 Asheville, North Carolina 28816 Dear Mr. Stroup: W illiarn G. Ross, Jr.. Secretary Gregory J. Thorpe, Ph.D. Acturg Director Division of water Quality SUBJECT: NOTICE OF VIOLATION and ASSESSMENT OF CIVIL PENALTY for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit N00022811 Avery Acres MHP Case No. LV 02 - 189 Buncombe County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $605.50 ($500.00 civil penalty + $105.50 enforcement costs) against Avery Acres MHP. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Avery Acres MHP for the month of January,2002. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0022811. The violations, which occurred in January 2002, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Avery Acres MHP violated the terms, conditions or requirements of NPDES Permit -1- 0 1 N00022811 and N.C.G.S. 143-215.1(a)(6) in the manner and extent shown in. Attachment A. Pursuant to N.C.G.S. 143-215.6A(a)(2), a civil penalty of. not more than twenty-five thousand dollars ($25,000.00) may be assessed against a person who violates the terms, conditions or requirements of a �- permit required by N.C.G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Forrest R. Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against: $ 500.00 For 2 of the .2 violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NCOO22811, by discharging waste into the waters of the State in violation of permit weekly,average effluent limits for fecal coliform. $ 0 For 1 of the 1 violations of G.S. 143- 215.1 (a) (6) and NPDES Permit No. NCO022811, by discharging waste into the waters of the State in violation of permit weekly average effluent limits for total suspended solids.' $ 500.00 TOTAL CIVIL PENALTY $ 105.50 Enforcement costs. $ 605.50 TOTAL AMOUNT DUE -2- Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at 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 non-compliance; (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. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality Mail Service Center 1617 Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the -3- Ni 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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150E of the North Carolina General Statutes. You must File your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Mail or hand -deliver a copy of the petition to -4- ll Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within third 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 any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Mr. Roger C. Edwards of the Asheville Regional Office, phone 828/251-6208. rrest 1. Westall ater Quality Regional Supervisor Asheville Region Division of Water. Quality ATTACHMENTS CC: Roger Edwards w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Sk de ATTACHMENT A Avery Acres MHP NPDES Number NCO022811 Case Number LV 02 -189 Limit Violations, January 2002 Weekly Average Limit Violations Parameter Date Reported Value Limit Fecal Coliform 1/2/02 790/100 400/100 Fecal Coliform 1 /15/02 1210/100 400/100 TSS 117/02 50.0 45.0 -7- /3 Units ml/l ml/l mg/I STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST AVERY ACRES MHP PERMIT NO. NC 0022811 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV 02 - 154 Having been assessed civil penalties totaling $1,605.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 17, 2001, 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 71--* day of,��� , 2002. _4�0 BY �-y25-57- W70 TELEPHONE .+ -9- STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT w AND NATURAL RESOURCES COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT } OF CIVIL PENALTIES AGAINST ) AVERY ACRES MHP ) PERMIT NO. NC 0022811 } WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. f6�'`7 f ('05,50 Having been assessed civil penalties totaling $if,605.50 for violation(s) as. set forth in the assessment document of the Division of Water Quality dated May 17, 2001, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the / �' day of,�.� , 2002. BY '0�t 0 /`r � P.O.,7 Ag- he V) • C ADDRESS �Z8 v2 70 TELEPHONE Lv L i !1 1- James & James Environmental Management, Inc. PO BOX 13$4 MOUNTAIN HOME, NC 29759 OFFICE: (828) 697-0063 FAX: (828) 69741065 May 30, 2002 Point Source Compliance / Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Mr. H. B. Stroup Avery Acres, MHP, Inc. PO Box 6276 Asheville, NC 28816 Re: Violation of DMR Permits December 2001 and January 2002 Dear Mr. Oakley, On May 20' and 24'h respectively, Mr. Stroup received the above noted assessment of civil penalties. In this letter, I hope to clarify why this situation occurred and respectfully request a remission of these penalties. Mr. Stroup had, near the end of 2001, made the decision to sell the Mobile Home Park. He did not want to make it a hardship on the varied population that lived in this park, so he gave them eight months notice the beginning of December that the park had been sold and that it would be necessary for them to relocate. He also informed them that he would give them a monetary bonus if they could relocate within the next six months. From the owner's perspective, this is a fair offer. Apparently from the renter's perspective, this was a very poor opportunity. Many of the renter's live paycheck to paycheck and would be hard pressed to relocate. A few of the renter's took this as a personal blow and were focused on getting "revenge" on Mr. Stroup. It was about this time that the well flows were obviously higher than normal. We searched the park for leaks in the main lines as well as under homes. None were found. We were informed at a later time that a few of the renters had turned on the water taps inside the home as they were vacating. This obviously sent a bulk load to the wastewater facility. From information received from Mr. Alan Lee, manager of the mobile home park, this occurred an several occasions. This response was not expected nor anticipated. There were no precautions that could have been in place to deter this response. Until this point, the treatment facility had been operating very well. There were only the basic timely repairs that were necessary and were completed. Mr. Stroup has always been very receptive to any updates or repairs that'were deemed necessary to maintain compliance. This was not a repair that was ignored, nor an operational item that was overlooked. This situation was clearly beyond the control of W. Stroup and our operator, Steve Nanney. We respectfully request that you take this into consideration. Many efforts were made on the part of Mr. Nanney to overcome the problems that he was so quickly thrown into. There is not an equalization basin on site and has never been a need for one. Therefore, the vast amount of continuous flow that the facility was receiving could not be diverted to /p r another location. Alum was used to help settle the basin, and soda ash was used to maintain a happy environment for the bacteria while ensuring that the pH was stable. The time clocks were set so that the v. plant could settle as much as possible without the air lift station overflowing from the excess water. This was a difficult problem to balance. It is better to send partially treated wastewater on downstream, than to clean up a spill of untreated sewage, especially with many children present. The judgment was made to accommodate the excess flow and attempt to get the cleanest water leaving the facility. From the weekend of December 9, 2001 until the week of January 13, 2002 many corrections and considerations were made to regain control of this system. As you can see, the TSS peaked the 10 of December and began a steady decline until compliance was regained the week of January 1 P. An excess of chlorine was added during this time frame so that the water leaving would not have bacteria adding to the problem. The week of the 2e proved that the TSS was under control and it was decided to reduce the chlorine dosage so that there would not be a negative environmental impact. Unfortunately, this decision was made slightly prematurely. This unpredictable circumstance is an operating nightmare for the ORC. It is equally troubling for the owner. We apologize that it took this long to regain compliance. If this had occurred only once, compliance would have been obtained much quicker. The fact that this was a reoccurring incidence only aggravated the problem. While it is easy to empathize with the renter's predicament, it is admirable that the owner was willing to offer compensation. The decision to sell was a wise business move and the results of his proclamation are unfortunate. We hope that you will take these facts into consideration. The owner, operator, and operations firm strive diligently to preserve compliance at this and every facility. When there are extenuating circumstances it grows rather difficult rather quickly. We would appreciate your review of the two fines Case No. LV02-189 and Case No. LV02-154 in regard to the above information. We truly believe that had the situation not occurred, neither you nor I would have had to pen these letters. The facility typically operates wonderfully. If you can negate the fines, it would be most appreciated. With highest regards, we are ��QJVic� ly � m�O Harry and Juanita James Cc: Mr. HB Stroup State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director AUG 2 6 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70001530 0002 2100 4483 Mr. H. B. Stroup Avery Acres Mobile Home Park P. O. Box 6276 Asheville, NC 28816 r•• NCDENR NoFmH CARoum DaF'ARTM6Nr or ENvi ioNmF_ r ^No N/RuRAL RasouR= Subject: Remission Request of Civil Penalty Assessments Avery Acres Mobile Home Park NPDES Permit Number NCO022811 Cases LV 02 - 154 & LV 02 - 189 Buncombe County Dear Mr. Stroup: T have considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and have not found grounds to modify the civil penalty assessments of $2,211.00. Should you choose to pay the assessed penalty, payment should be tendered to me at the letterhead address within thirty (30) days of the receipt of this letter. Please make checks payable to the Department of Environment and Natural Resources. You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. The Committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the Committee, and the Division Staff will argue against any reduction of the assessments. ti v 1617 Mail Service Center, Raleigh, NC 27699.1617 Telephone 919-733-5093 Fax 919.733.9612 An Equal Opportunity Atnrmative Action Employer 50% recycled/10% post -consumer paper .I Should you choose to present your request to the Committee, please notify me at the letterhead address within thirty (30) days of the receipt of this letter. Your request will be scheduled to be heard on the agenda of the next scheduled Committee meeting, and you will be notified of the date and time. If the Division does not receive a response regarding this notice, Division staff will automatically place your case on the agenda for an upcoming Committee meeting. If you have any questions about this letter, please contact Robert Farmer at 919n33- 5083, extension 531. 'hunk you for your cooperation in this matter. Cc: Asheville Region WQ Supervisor Enforcement File Central Files /f Sincerely, A4-VI— 90��� Alan W. Klimek, P.E. AGENDA ITEM: b3 -D �k Request for Remission of Civil Penalty by Northeast Carolina Farms, Inc. (DV 00-029) Camden County EXPLANATION: On Oct. 30, 2001, Jeffrey O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality, assessed a civil penalty of $5,571.72 ($5,000.00 civil penalty and $571.72 investigative costs) against Williams Farms (registered owner of Belcross Farm) for, violation of G.S. 143-215.1. On December 17, 2001, Northeast Carolina Farms. Inc., the lessee of Belcross Farm, requested remission and waived their right to an administrative hearing and stipulated that the facts were as alleged in the assessment document. RECOMMENDATION: The Division of Water Quality opposes any remission or mitigation of the penalty. The recommendation is made for the following reason: 1. The Director considered information submitted in support of Northeast Carolina Farm' s request for remission of civil penalties in accordance with G.S. 143- 215.6A(f) and his delegation provided by the secretary and did not find grounds to modify the assessment. FM 6. is State of North Carolina Department of Environment and Natural Resources Division of Water Quality ldichael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Williams Fanus of North Carolina, Inc. Post Office Box 4I6 Moyock, NC 27958 Dear Sirs: A •• �q 'f NCDENR r4oFr7M CARouw. DO-&M Mff.P r OI EtivrRcNMCNT ANO NXIM- l- PC35C JRCry October 31, 2001 CERT=D 1NLAJL RMIMN RECEIPT REQ99STED SUBJECT: Assessment of Civil Penalties for Making a Outlet to Waters of the State without a Permit Farm - 15-11 Camden County File No. Dv 00-029 T-his Iette: transr its notice of a civil penalty assessed against Belcross Farm in the amount of S5.571.72 which includes S371.72 in investigative costs. Attac :ed is a copy of the assessment docum-ert explaining this penalty. This action was taken under the authonry vested in me by delegation provided by the Secretary of the Deparment of Environment and `arural Resources and the Director of the Division of Water Qualityy. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalr-. Within thirry days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Pa,v7nent should be made directly to the order of the Department of Environment and Natural Resources (do not include wai:•erform). Payment of the penalr: will not foreclose further enforcernenE action for any continuing or new violadon(s). .flailing .-address: Telephone (919) 733-- 033 Location: 16,7 Mail Service Center Fax (919) 7=3-00=9 512 N. Salisbury St. R_�eigh. North Carolina '_;699-161-1 State Courier T=2-01-01 Raleigh. `C 27699-1617 .411 Equal OFporrunir► lAffirmarive.4criorr Errpio}•er 505'c rr- -c.ed / 1O1c post-eonsuiver paper j.:. enrsrare.nC.us oG / ., Please submit payment to the attention of: Mr. Steve Lewis NCDEti'R DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 MO 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 anached 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 detr:Lment of the Fetitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation. (r) the violation was inadve-ena or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil pe. alty wi11 prevent payment for the remaining necessary rem:edia.l actions. Please submit this information to the attentien of: Mr. Steve Lewis N CDENR DWQ 161 7 bail Se:ti-ice Center Raleigh. North Carolina 27699-16I7 M 3. Submit a written request for an administrative hearing: If you wish to contest any portion of Ene civil penalty assessment. you must request are administrative heann-e. This request rnust be in the form of a written Petition to the Office of Adminis:rstive Hearings and must conform to Chapter 150B of the North Carolina General S:at res. You must file your original petition with the: 0212— Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a Copy of the petition to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response. will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. PIease be advised that additional assessments may be levied for future violations which occur after the review period of this assessment - If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or Mr. Jeff Poupar, at (919) 733-5083. ex:_ 537. Sincerely, .jeffrey O. Pou ar, Supervisor -Non-Discharge Compliance and Enforcement Vnit ATTACILNMN7S cc: Jim Mulligan, Waslungton Regional Supervisor w-/ attachments Daphne Cullom. NVARO w•/ attach -.rents Lvn Hardison, «:ARO w/ attachr eats File 1"r DV 00-029 w/ attachments Central Files w-/ attachments Public Information Officer w•/ artacriments Elm s STATE OF NORTH CAROL I A EN-VIRO-X.'V �YTAL MANL AGEMENT CONDVnSS]04 COUNTY OF CAMDEN r' THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PE�iALTIES AGAINST ) AMMISTRATWE HEARLNG AND PERMIT NO. __N/A ) STIPULATION OF FACTS FILE NO. DV 00-029 Having been assessed civil penalties totaling S5.57I.72 „ for violation(s) as set forth in the assessment document of the Division of Water Quality dated, October 30. 2001 - , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 2001. SIG`ATURE ADDRESS TELEPHONE a� .- STATE OF NORTH CAROLINA COUNTY OF CAMDEN, Ly' THE MATTER OF ) WILLIAMS FARMS OF } NORTH CAROLINA, INC. ) FOR IYIA .IING AN OUTLET TO THE ) WATERS OF THE STATE OF' ) NORTH CAROLINA ) WITHOUT A PER IIT AND } VIOLATION OF GEN-ERAL PERMIT ) AWG 100000 ) NORTH CAROLLVA DEPART1,!F-N7 OF Eti v9RON-MENT AND NATURAL RESOURCES File No. DV 00-029 FRNMCiGSAND DECISION A --ND ASSESSMENT OF CIVII. PENALTIES Acting pursuant to delegation provided by the Secretary of the Depar .ezt of Environrcent anal .Natural Resources and the Director of the Division of Water Quality, I. Jeffrey O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DNVQ), make the following: I. FL`-DD GS OF FACT: A. Williams Fares of North Ca* En Lc. («'iiliarns F--=) is a corporation organized and existing under the Ix.vs of t2he State of Nor-,h Carolina. B. Williams Farms owns and operates Be?cross Farm. a swine operation located a?ona US Highway 158 in Camden Cou. :-v. C. Williams Farms was issued Cer-.ifieate of Coveraize AWS 150011 under General Permit AWG I00000 for BeIcross Farrn on April 2. 1999, effective April 2. 1999, w•itrh an expiration date of April 30. 2003. T'nis permit does not allo,,v the discharge of waste to waters of the State. D. On October 3, 2000, DWQ staff observed evidence that a discharge of wastew•ater by Belcross Farm from a lift station had reached an unnamed tributa..-v of Irdianto%m Creek, whLich are Class C SQL' waters of the State wit:lin the Pasquotan- River Basin. E. Williams Farms had no valid permit for the above -describe? activity. .5 ..I W F. Condition No. III. 6. b. of the General Permit requires in part that the Permittee shall report by telephone to the appropriate Regional Office as soon as possible, bui in no case more than 24 hours following first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal waste. G. Williams Farms failed to notify DWQ of the failure of the animal waste treatment and disposal system within the required 24 hours after discovery. H. The cost to the State of the enforcement procedures in this matter totaled S571.72. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Williams Fauns is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 1-43-212(4). B. An unnamed tributary to Indiantow-n Creek 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 constiruted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(I), for which a Fe, -Mir is required by G.S. 143- 215.1. D. T e above -cited failure to reoor. the failure of the waste treatment system violated Condition No. III. 6. b. of the General Pe.:nit. E. «iI?ia n-is Farms may be assessed civil penalties in this matter pursuant to G.S. 1=3-? 15.6A(a)(2). which provides char a civil penalty of ncc more Than twenty- five thousand dollars (S25,000.CO) per violation may be assessed ag=inst a person wl-o is required but fails to apply for or to secure a Fe.^'�t required by G.S. 143- 21= 1 F. WiIh ms Farms may be assessed civil penalties in this matter pursuant to G.S. I43-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars (S25,000.00) per violation may be assessed against a person who fails to act in accordance with the terms, conditions. or requirements of a pe.:nit required by G.S. I43-215.1. G. The State � enforcement costs in this matter may be assessed against Wllli: ms pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-232.1(b)(8). a( r J Ke H_ The Supervisor of the Iron -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: DECISION: Accordingly,/�yWiWams Farms is hereby assessed a civil penalty of: S 0V for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. r S �G for violating Condition No. M. 6. b. of the General Permit by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, t=eatina or storme the anin al waste 5 571.72 Enforce:- ent cosy S s7Z L TOTAL J0,I0L-N_-T DL-E As required by G.S. 1.13-215.6ACc), iz, deter-._ ni s t`:e annou n, of the pe:,a itv I have considered the factors listed i.-: G.S.1T3B-2S2.lto), which- (1) The degree and extent of harm to the natural resources of the State, to &,e public health. or to private progeny resulting from the vioIation. (2) The duration and gravin- of the violation: (3) The erect on ground or s::race water quantity or quality or on air quality: (4) The cost of rectifying tl a darnage: I (5) T- a arnount of money saved by noncornpliance: (6) N%-hetrer the violation was corm.^ tted willfully or intentionally: (7) The prior record of the violator in complying or failing to comply with programs over which the Environs mental ` =azernent Corrmussion has reguIatory authority; (8) The cost to the State of the enforcement procedures. 2./45 �_ Ci (Date) } O. PeavulrSupnce ^\Di Compliisor aa d Enforce::!e:,t Unit Division of Water Quality a7 V • Complete items 1, 2, and 3. Also complete A_ Received by (Please Print item 4 if Restricted Delivery is desired. V • Print your name and address on the reverse C. 4 naarre so that we can retum the card to you. • Attach this card to the back of the mailpiece, or on tt-e front if space permits. '' r t. Article ACdnmmpd to: is delivery aderess d"ferent -torn merit 1? tl YES. enter delivery address below. Cl No Lo-IkI14r-rxS �r� ToType Mby V 4 D, ] Q I v 3 LAC en fled Mail ❑ E�Fr+ess Mail 0 Registered RMm Receipt for Mertltanc ❑ Insured Mail 0 C.Q.Q. 4. Refft t:ted Delivery?. (Free Fee% ❑ Yes 2- Article Number (Copy .torn service label} ZP PS Form 3811..luly 1999 Domesyc Retum Feceipr 10253� ]al�Fp): C r 31, S;i . J C Casai ?esea;e 3 =irs C 1 l ` ...`.'L� � IIL i Y C- 1�7ZS t r aV NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Williams Farms of North Carolina. Inc. County: Camden Case Number: DV 00-024 Permit Number: AWS 150011 ASSESSMENT FACTORS 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; ( )not significant 00moderarely significant ( )significant ( )very significant ( )extremely significant,�'e" 2) The duration and gravity of the violation;. ( )not significant )moderately significant ( )significant ( )very significant ( )extremely signific t ... 0A f r d dyS ' 3) The effect on ground or surface water quantity or quality or on air quality; Nnot significant ( )moderately significant ( )significant ( )very significant ( )extremely significant 4) The cost of rectifying the damage; (not significant ( )moderately significant ( )significant ( )very significant ( )extremely significant S) The amount of money saved by noncompliance; not significant ( )moderately significant ( )significant ( )very significant )extremely significant 6) Whether the violation was committed willfully or intentionally; ( )not significant Xmoderately significant { )significant ( )very significant ( )extremely significant , �,lvle to Reparr 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 Xnot significant ( )moderately significant ( )significant ( )very significant ( )extremely significant 8) The cost to the State of the enforcement procedures. OkInot significant ( )moderately significant ( )significant ( )very significant ( )extremely significant OCr 0 j Date y O. oupart REMISSION FACTORS () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; (} Whether the violator promptly abated continuing environmental damage resulting from the violation; () Whether the violation was inadvertent or a result of an accident; () Whether the violator had been assessed civil penalties for any previous violations; and O Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date Gregory J. Thorpe, Ph.D. W DIVISION OF WATER QUALITY December 7, 2000 TO: Steve Lewis, Environmental Specialist DWQ Compliance and Enforcement THROUGH: Jim Mulligan, Water Quality Supervisor Washington Regional Office FROM: Carl Dunn, Environmental Engineer �.r-- Washi.ngton Regional Office SUBJECT: Enforcement Action . Belcross Farm Facility No. 15-11 Camden County INTRODUCTION: Belcross Farm is owned and operated by Williams Farms of North Carolina. The facility is located on US Highway 158 approximately one mile east of Belcross in Camden County. The facility has been permitted as a 1240 farrow to wean operation. I— *z*-ytW On September 29, 2000 the Washington Regional Office received a complaint of a possible discharge of animal waste from the Belcross facility due to a faulty lift station. Because of limited staff resources within the office aerial reconnaissance of the farm was done on October 2, 2000. The aerial surveillance showed that there was a possibility that the farm did have a problem with the lift station and that ground truth work would need to be preformed. On October 3, 2000 Carl Dunn of the Washington Regional Office conducted a site investigation with Mr. David Oldham, who was the certified operator of the facility. The site investigation revealed that the lift station located between two animal houses used to convey waste to the lagoon had indeed had a failure. A drain used to convey surface water runoff was located within three feet of the lift station. The drain was plugged at the time of the inspection with a PVC pipe. There were signs of watermarks on the Iift station and the PVC pipe that indicated that the waste level had risen above the level of the lift station indicating that the lift station had had a recent failure. Also the watermark on the PVC pipe indicated that the level of waste ponded above the drain had been approximately one foot deep. Waste was still ponded above the drain approximately three to four inches deep. The only outlet for the waste that had been ponded above the drain was to either go through the drain or be pumped.back into the now working lift station. Mr. Oldham was not aware of anyone pumping the ponded waste back into the lift statioh nor was he aware that the PVC plug had been removed from the drain_ wal Y Samples were collected froth within the drainage system and the outlet ditch for the drain. The results of the samples are in the table below. Drain Drainage Ditch Fecal (co1J100ml) 360,000 76,667 NH3 (mg/L) 84 81 TKN (mg/L) 92 100 NO2 plus NO3 (mg/L) 0.08 0.24 Total P (mg/L) 29 25 The results of the samples indicate a presence of animal waste within the drainage system used to carry surface water away from the area around the lift station as well as the receiving drainage ditch. The conclusion from the results is that the lift station had failed and the animal waste released from the failed lift station had passed through the drainage system and entered into the farm's drainage ditches. The drainage ditches on the farm drain to Indiantown Creek and its connecting canals, which are classified as C SW waters of the State. 3f i♦ Division ofrW-a�terY+aity r Q I(itVLSiOt6 ailt JViI� a�py 1►2kC= W111� on i r' T Y i , Q Otiber 7. r Type of Visit O Compliance inspection O Operation Review Q Lagoon Evaluation Reason for Visit © Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 1� 11 Date of visit: ZOl3f2000 Time: 10:00 O Not Operational Q Below Threshold Permitted ■ Certified 13 Conditionally Certified 13 Registered Date Last Operated or Above Threshold: .................. _ Farm Name: Ra1crsl,5.5.E&=.— -------- . ..._......... ..... » ....__. _ . ....._ . County: Cxmdcu ............... _....... _ ... WA►.f O �. Owner Name: Facility Contact: Title: Phone No: 252. 435.-693.Q......._ Phone No: Mailing Address: l�QD)0&Aj6r.... - ..._ _ . Mtu+at k-NC.._—__ Onsite Representative: �?�YixlId_ .„ .. _... _ .... _ .� .� Integrator: [�+illi.F.ItS.sJC,.�Atc Certified Operator: ayj�..._._. .. _.......... O]dham._...................................... Operator Certification Number: ZQ3.SQ........ .......... _. Location of Farm: 1 mile east of Belcross in Camden Co. on east bound rt-158 ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude ®• 21 • 1 00 .. Longitude 76 •F OS , 12 46 Design Current Design Current Design Current Swine Ca acii Po ulation Poultry Ca achy population Cattle Capacity Population ❑ Wean to Feeder I I[] Laver I ❑ Dairy ❑ Feeder to Finish ❑ Non -Layer ICI Non -Dairy ® Farrow to Wean 1240 ❑ Farrow to Feeder ❑ Other ❑ Farrow to Finish Total Design Capacity 1,240 ❑ Gilts Total SSLW 536,920 ❑ Boars Number of Lagoons [ 1 [ [❑Subsurface Drains Preseat [[❑ Lagoon Area Holding Ponds / Solid Traps ❑ No Liquid Waste Management System Discharges & Stream Impacts I. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed. did it reach Water of the State? (If yes, nettity DWQ) c. If discharge is observed. what is the estimated flow in gathnin? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) Spray Field Area [ ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ?. Is there evidence of past discharge from any part of the operation? ®yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?, ❑ Yes ® No' Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure I Structure 2 Structure 3 Structure 4 Identifier........................................................................ _W..._. ... Freeboard finches): 20 5/00 ❑ Yes ® No Structure 5 Structure 6 Continued on back Facility Number: 15-11 Date of inspection 10 M000 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes ® No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ® No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ® No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ® No Waste Aaplication 10. Are there any buffers that need maintenancerimprovement? ❑ Yes ❑ No 11. Is there evidence of over application? [].Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes []No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? Required Records _& Documents 17. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ Vi UP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? 0' �Q •yiQla�i�tis'o� dgfcien�ii� •rv�re �Qre�• �i1�i1g this'visit; • Yoh w><ee�iye �q I�uirth�r • . correspondence: abailt: this visit ................................... . Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. Use drawings of facility to'better explain situations. (use additional pages as necessary): ❑ Yes ❑ No ❑ Yes ❑ No 0 Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Possible discharge from sump pump failure. Appears sump filled with waste and thus waste discharged from the back of the house next A. .o the sump because waste could not flow into the sump. Samples were taken to help confirm the discharge event. No reporting of lischarge event had been done to DWQ. Reviewer/Inspector Name Carl Duvw Reviewer/Inspector Signature: Date: 5100 V 34� y4 c f r � •� :yelp : � `� � - State of North Carolina Department of Environment and Natural Resources James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAEL RETURN RECEIPT REQUESTED Williams Farms of NC, Inc. P0Box 416 Moyock, NC 27958 kk-zo NCDENR NoRrH CA.RoumA DepAwrMENr ofs ENVIRONMMMT AND NATURAL RESOURCES October 18, 2000 Subject: Notice of Recommendation of Enforcement Belcross Farm Facility Number 15-11 Camden County Dear Sirs: This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the violation of North Carolina General Statute 143-215.1(a)(1) for discharging animal waste in waters of the State without a permit and for the violation of Swine Waste Operation General Permit Condition IU.6. for not reporting to the DWQ Regional Office a failure of a component of your waste collection system. The Belcross Farm is located on Highway 158 approximately one mile east of Belcross in Camden County. The Belcross Farm is permitted to operate as a 1240 farrow to wean facility. An inspection of the facility was conducted on October 3, 2000 by Carl Dunn of the Washington Regional Office. Evidence was found to show that the lift station used to transfer waste from animal houses to the waste lagoon failed to operate properly resulting in a discharge of animal waste to waters of the State. If you have an explanation for these violations, as well as any corrective action taken, that you wish to present, please respond in writing to the Washington Regional Office within ten (10) days after receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. r7 943 Washington Square Mall, Washington, NC 27889'Telephone 252-946-6481 Fax 252-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper =I 1f you, have any questions concerning this matter, please contact me at (252) 946-6481, ext.212 or Carl Dunn, Environmental Engineer, at (252) 946-6481, ext. 208. Sincerely, F Mulligan Quality Supervisor cc: Compliance/Enforcement Group Central Files Camden County MRCS P Hooper - DSWC WARO V;WARO . W5 w tiePoo, 0 ` Np .� .07 lop 't,s`iak� 3 �dP*N- p FRa�� by (Psi° Prim sq t1- tewt'h urn �--• - i3t we to the beak at the a Attact, his ot or, tt,e font R Space P � 1. ArtiC>a Add i tii ARMS 0 k Mo CKNC 2195% •• �rorn servw=�•tatx�3 PS Bairn 3511, ,holy i9ss 3? R, ,s aw— a — - . g K YES, a,,ter detW" add 9. Se o i1 d ass Matt t foc melc"20 ` [7 R®roan RecaiA ,ag.►�n-,ram STATE OF NORTH CAROLLNA COUNTY OF C vIDEN- LN THE MATTER OF ASSESSMENT OF CIVIL PFANALTIES AGAINST PERMIT NO. MA w ENVIRONMF—%TAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADNUINISTRATIYE HEARING A.ND STIPULATION OF FACTS FILE NO. Dv M922 Having been assessed civil penalties totaling _ S5.571.72 ,_, for violation(s) as set forth in the axsessmcnt document of the Division of Water Quality dated, Qgtcber 30. 2NI , the undersigned, desiring to sock remission of the civil penalties, does hereby waive the right to an adrninistrarive hearing in the above :stated matter and does stipulate that the facts are as alleged in the assessment document. This the f dayof _ �? n2 , 2001. . L e � 2/2z-� SIG`ATU ADDRESS TELEPHOi E 4D M Northeast Carolina Farms. Inc. R, o. Box 865, Moyock, NC 27958 (252)435-6934 office(252)435-2387 fox December 10, 2001 Mr. Steve Lewis NCDENR. DWQ 1671 Mail Service Center DEC 17 20 Raleigh, North Carolina 27699_1617 4yArE7! dilaLfiY SECTION Ncn-Discharge Compliance Ed Dear Mr. Lewis, In reference to file No. DV 00-029, farm #15-11 we are requesting remission or mitigation of the proposed fine. This problem occurred due to the failure of a pump in the lift station, which caused the lift station to overflow. The pipe that was installed at the request of the local conservation department, located next to the lift station had already been cemented shut prior to this incident This was done so if the lift station failed no waste would escape from between the buildings. Your sample indicates there was an increased Coliform count where this pipe would have entered the ditch. Since the pipe had been cemented shut we did not consider the possibility waste could reach the ditch. Since the inspec;icn we have spent over S6000.00 redesigning the lift station system. We have designed and installed a special pump that uses a boat propeller to move both wastewater and solids to the lagoon. We have installed an additional pump that series as a back up to the primary pump and is tied to an afarrn that sounds inside the buildings when the second pump turns on but before there is a problem. In addition the site between the buildings has had the too 12 inches of sail removed and ccrzpcst_d. It has t;e_n replaced with sail and sand. The farm has been inspected twice since this incident and passed with no problems. The pipe that leads tc the ditch has been dug up completely eliminating the possibility of any fLture problems. I would propose to use the money that would be due for the fire to install water ripples in the gestation building that is the primary water source for this lift station. We have done this on three farms in the Gaston. NC area at a cost cf S15.CC0. This has cut ourwater usage in half and rnade lagoon management much easier and more able to be planned. 1 have included a copy of the bill for the first set of equipment excludirg labor cost for the water nipples. I would estir-ate that it would cost S10 per gestation crate to buy and install water nipples. This building has approximately 550 gestation crates, which would make the cost SSSC0.00. The ultimate plan would be to install nippies in the breeding building, which flows directly to the lagoon, but that would require an additional 55CC0 and cash flow would not allow that at this time. I have enclosed three pictures of the area in question. Picture #1 is of the general area. You can see the primary pump, which consists, on a five horsepower electric pump that drives a shalt with a propeller attached. It is a 6-inch pipe that contains the propeller. This pump has been very effective in not getting clogged with the solid waste from the buildings. The area around the lift station is clean and dry. Picture T2 is of the primary pump. Picture #3 is of the primary pump in the lift station, along with the'back up pump in place. This pump is automatically activated if the level of the lift station exceeds the safe level of the primary pump. An alarm is also activated when this pump is energized. We certainly did not design this system but inherited it when we leased the farm. We have already invested a !ct of money on clean up and improvements so that the system can operate properly and efficiently. I hope you will let us invest additional money in improvements instead of a fine. Thank you for your ccnsideratfcrn in this matter. Sincerely,, Fred L. Cunningham Ms. DVI41 211 N Northeast Carolina Farms File Number DV QQ-Q29 . Farm Number 15-11 Picture ##2 Primary Pump �3 i Northeast Carolina Farms File Number DV 00-029 Farm Number 15-1 1 Picture #3 Primary Pump Pipe - Bank Up Pump Hooked to Alarm - G & M SALES OF EASTERN N.C., INC. wa1 .rir: ?A& 3em: P:w Cwrtavacs $.,rdCi Al G41-1r 5dK!' r�r.� •y: i i :. �7kS Wv C;XSALE C:3Tp;vu7 Rri •F]a TL-{x: a C� I= 2eee.'STAY CconT �... .9ri M-MA .-J GOLt' F+0. H.G. 27Wa " ;ara =--Vzg FLEASE RE-W7T0: P.O. SOX 1776 - GGLDS8CRO, MC: 2?533-t 74 d SCLO - To North East Farms c/o Dr. Fred Cuyl!rsin0ham PC box 865 Mcyac k , !'*O 27958 320E307: 1 s/27/a2 ; e23800 101 'IDS f 288072RIH 104a0.009e iaea.aase zBae . 22QB i =a.aeea i i 1220. 03417 :r71G2'. �0�k -La'.. 0Sd3=3 162.02g� rcaaee :- mars RE�'JAM T:LLrT'r+CE CCaT yry-, raTid,Mr TC +4+ixc PER dip TC T7.;R Aamokinr TERVS: ►+SET 15 D eS, S SHIP TG Nor_h East Farms c/o Dr. Fred Cunningham Po Box 865 Morock. NG 27958 INSTALL 10e3.4800': 166.12X36G 2.0900eGl EA !nipple. 1/2" %36" Galvanized < 2.goo. 03 1093.30@�`99.351311 .615OeO;EA Eltaw. 92o--2/2" Galvanized 615.93 ard ! 1Z-Be.0203:525.12517 2.&22029, EA i Waterer, N;.�r._e 47:5 2.830.9a 20?ti. 00eO: 207. RC12 I. 2432 ea• SA Clarip. s /2" randv.:: ! 2. 430.Oa 20_:b3eZ' 99.441011 3.e aaea` EA ; 01 1 YT V c D e - 1/ 4 Mt. I } L+ 5 1. 4 vz ae9aeZ EA Clia+_.: Hose 412 630.+3F 4oae_20c3: 16?,-2757 .A8O022- F3 Hc*e. -3/d • Gre--n Uj-ta-. 252'/rl =. 920.22 I99195877 .352d22`, EA I ! T eYt PVC 3/ 4" SYS1r-T 356.90 �v22. Zr332: 99 L7755i _ 2=aaea; EA A.aC.rgr, .4ylcn-I115e't- -F'iae la••�.80 40.2ac4;99.3M1107 .752323,EA Tse. Galvanized 1/2" JP Ward 32.2B a1.v'ZeU 525.13774 1.4o2a20 EA f u-Pc1t. w/Nu: F'kc 233 63 qw so go. � FEB 0 , 2-00 Posito ! i • atGC nw . - 7 ' '•2y M A00.7" CO . aw.. .. la.srrki[r.x r• I ��'L:'c�� T_S NEVER Fiv 1. C A. V C . 4. Li --AT s T Kr. TRY A!:.AlN. a.rns a :o. TEAMS 44s SALE su01.71T 11 . 2:a. PO L-SOR CrLkAGES - =50. 9;" FREiGMT 6=' SA; Z5TAX TOM. 673. 50 AJVCLNTREC :VED 15. 15i.5a SALAMC9 auE . 02 i_. 153.Go State of North Carolina Department of Environment and Natural Resources Division of water Quality . NlichaeI F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Dr. Fred Cunningham Northeast Carolina Farms, Inc. P.O. Box 865 Moyock, NC 27958 Dear Dr. Cunningham: M-% XWOMMOMfto Novo NCDENR NoRTm CARouw. DcRARrrgrr 4cr F-M%nRO?4MCNT AND riAmvt I. R rscuRces December 19, 2001 RE: Remission Request" Belcross Farm Farm ## 15-11 Camden County File 'rDV 00-029 This letter is to acknowledge receipt of your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference in January 2002, and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 733-5083, ext. 539. Sincerely. Steve Lewis `on -Discharge Compliance & Enforcement cc: Jim Mulligan, Washington Regional Supervisor w•/attachment Lyn Hardison, WARO w/attachment Daphne Cullom, WARO w/attachment Central Files File #r DV 00-029 w/ 3 attachments Mailing Address: Telephone (919) 733-5083 1617 `WI Sertiice Center Faxx (919) 733-0059 Raleigh. North Carolina 27699-1617 State Courier #52-0I-01 An Equal Opporn+nlrv/Affirmance Acrion Employer 50% recycled /!0% post -consumer paper h np. M I -) 0. e n r.srarC.ne.les Location: 312 N. Salisbury St. Raleigh. NC 27699-16I7 Jr �6 0 State of North Carolina Department of Environment and Natural Resources Division of Water Quality -vUchael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Dr. Fred Cunningham Northeast Carolina Farms, Inc. P.O. Box 865 tiioyock, INC 27968 Dear Dr. Cunningham: NCDENR Nor:-ri or DC"FICHMMW ANC N.:rl lift- FtLSCURCE.j` March 7, 2002 CERTIFIED MAIL R=rR-N RECEIPT REQUESTED RE: Request for Remission of Civil Penalry Belcross Farm Fz.-m T-'- 15-11 Camden County File ==DV CO-029 In accor arse xith Nor"i Carolina Geatr=l Star ce 123-215.6A(f), I considered the i..fornat:on Vol: submitted in suppon of your request for remission andl did not :=nd grot:::d5 to t-cdify the Civil penalty assessment of 55,571.72. T. e:e are wo options available to you. You may pay ti:e civil penalty assess._.enc or you may rresent your re zest for remission to the Co on Civil Penn-Iry Rer=.ssions of the Enyironrn enul Manazement Commission. If you choe_e to pay the penalty, please r-_akc youz check ^arable to *the Denartment of Environment and `arural Resources and reference the case number. Send pa-, ..ent within 30 days of your receipt of this Iener to the attention of: Mr. Steve Lewis DWQ 1617 `iaiI Service Center Raleigh, North Carolina 27699-1617 ailing .address: Telephone (919) %i. -508 1-6 17 `Tail Sen ;ce Center Fax (919) 73 _ -Ct: 9 Raleigh. Ncrh Carolina 2763a-1617 Satz Comer �_ _-01-01 fir. Equa! 0ppor...run•/.{_;.rn:e:::e.dc:ion £.:: iorrr 0% rec- cled / 10% post-cons.tmer pr..: er h.:,x//lt?o. enns. a. e.nc-. its Locarian: S 12 N. SaIis ury Sr. Raleigh. NC 27699-16I7 You also have the option of presenting your request to the Committee on Civil Penalty Rerissions, which is comprised of members of the Environmental Management Commission. You or your representative will be allowed approximately five minutes for your presentation. A representative from the Division of Water Quality will present the case against remission. The Committee on Civil Penalty Remissions will render a final and binding decision in accordance with NCOS 143B-282.1(c). If you choose to present your request to the committee, please notify me at. the address above within 30 days of receipt of this Ietter- Your request will be scheduled on the agenda of the next scheduled committee meeting and you will be notified of the date and time. If a response is not received by the Division regarding this notice, your request will be automatically scheduled on the agenda for an upcoming committee meeting. Thank you for your attention to this matter. If you would like a receipt that your check was received, please send it via certified mail. Please contact Steve Lewis at (919) 733-5083, ext. 539 if you have any questions. Sincerely. cc: Jim Mulligan. `yasaington Resicn-al Supervisor Dash: e Cullom. %V.A-RO Lyn Hardison. W ARO File r DV 00-029 Central Files V r7 ....................................... .................................... .............. �/f State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Dr. Fred Cunningham Northeast Carolina Farms, Inc. P.O. Box 865 Moyock, NC 27958 March 15, 2002 1 • • NCDENR Ncwl" CARoww+ De or Etmitommexs Amo N.srumm. RW_7oLncG5 CERTIFIED MAIL RECEIPT REQUESTED SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Belcross Farm Camden County Case Number DV 01-029 Dear Dr. Cunningham: Your request for remission has been placed on the agenda for the April 11, 2002 meeting of the Environmental Management Commission's Committee on Civil Penalty Remissions. The Committee will convene immediately following the close of the regularly scheduled business meeting of the Environmental Management Commission in the Ground Floor Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see enclosed directions). You should arrive no later than 11:00 a.m. The factors to be considered by the Committee on Civil Penalty Remissions are whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongly 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 the 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. Afailing Address: Telephone (919) 733-5083 Location: 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh. North Carolina 27699-1617 State Courier #52-0I-01 Raleigh, NC 27699-1617 An Equal Opportunity /Affirmatiti a Action Employer 50`7c recrcled/ 10% post -consumer paper hnP:l/ aenratare.nt:us St L You or your representative will be allowed approximately five minutes for your presentation. A representative from the Division of Water Quality will present the. case against remission. The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the violator has not been assessed civil penalties for previous violations, and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions. You also have the option of paying the civil penalty of $5,571.72 if you decide not.to request remission. If you choose to pay the penalty, please call Steve Lewis at (919) 733-5083, extension 539, so that we can remove the case from the schedule. Please make your check payable to the DVartment of Environment and Natural Resources and reference the case number. Send payment within 30 days of your receipt of this letter to the attention of. - Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you are unable to attend on this date, please notify us at least 10 working days in advance and your hearing will be rescheduled. Exceptions to the 10-day notice will be made in the event of emergency situations. If you have any questions concerning this matter, please feel free to contact me at (919) 733-5083, extension 539. cc: Jim Mulligan, Washington Regional Office File DV O1-029 Sincerely, Steven C. Lewis WA rIRQG Michael F. Easley Governor yWilliam G. Ross Jr.. Secretary s >_ r-y Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 12, 2002 Dr. Fred Cunningham Northeast Carolina Farms, Inc. P. O. Box 865 Moyock, NC 27958 RE: Rescheduling of Request for Remission of Civil Penalty Belcross Farm (Farm #15-11) Camden County Case Number DV 00-029 Dear Dr. Cunningham: Your remission request hearing for the referenced civil penalty has been rescheduled for December 12, 2002. I apologize for any inconvenience that the cancellation of the October remissions hearing may have caused. If you have any questions, please feel free to call me at (9I9) 733-5083, extension 539. Sincerely, Steven C. Lewis cc: Jim Mulligan, Washington Regional Supervisor File # DV 00-029 NCDENR Customer Service: Malling Address: telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699.1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An EqualOppommfty/Affirmative Acdon Employer 50% recycled / 10 % post-cansumer paper httpJ1Vo. enr state:r=us _S.2-- State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr-, Secretary Gregory J. Thorpe, PhD., Director Dr. Fred Cunningham Northeast Carolina Farms, Inc. P. O. Box 865 Moyock, NC 27958 Dear Dr. Cunningham: f NCDENR NORTH CAROU A DORW TMENT oA' Emmnommemr wno NeruRat ResouRces April 5, 2002 RE: Rescheduling of Remission Conference Belcross Farm Farm # 15-11 Camden County File #DV 00-029 Thank you for your call today regarding your schedule conflict with the April I 1 h remission hearing. Your remission request has been rescheduled for the May 9, 2002 meeting_ will notify you by mail before that date to confirm. If you have any questions, please call rrie at (919) 733-5083, ext. 539. Sincerely, Steve Lewis Non -Discharge Compliance & Enforcement cc: Jim Mulligan, Washington Regional Supervisor Lyn Hardison, WARO File # DV 00-029 dlailingAddress: Telephone (919) 733-5053 1617 Mail Service Center Fax (919) 733-0059 Raleigh. North Carolina 27699-1617 State Courier #52-01-01 An Equal Opporrunity /Affirmarive Acrion Employer 50% renrled / 10% posy -consumer paper hnp://7z2o. en aware. nc. us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 5 -3 �0t0� GJ r luQchaet F. Easley Governor William G. Ross Jr-, Secretary Deparizrserrt of Environment and Natural Resources Alan W. Klimek. P.E. Director Division of Water Quality July 12, 2002 Dr. Fred Cunningham Northeast Carolina Farms, Inc. P. O. Box 865 Moyock, NC 27958 RE: Rescheduling of Request for Remission of Civil Penalty Belcross Farm (Farm #15-11) Camden County Case Number DV 00-029 Dear Dr. Cunningham: As we discussed this week, your remission request hearing has been rescheduled for October 10, 2002. I will send you another letter before the meeting as a reminder. Please forgive my oversight in omitting your case from this month's agenda. I'm sorry for any inconvenience this may have caused you. If you have any questions, please feel free to call me at (919) 733-5083, extension 539. Sincerely, ��� Z., z 4 Steven C. Lewis cc: Jim Mulhean, Washington Regional Supervisor File # DV 00-029 Customer Service: Mailing Address: Telephone (919) 733.8083 1-87 7-623-6748 1617 (Mail Service Center Fax (919) 733-0059 Raleigh. North Carolina T699-1617 State Courier #52-01-01 An Equal C'FperWniry/Aifimrative Action Employer 50 : recycled / 10% post -consumer paper hMp '4h2o.enr sraatenc. us �T i1�L1 NCDEN.R Location: 512 N. Salisbury St. Raleigh. NC 27899-1817 or `O�OF W A rFR pG Michael F. Easley Ccvemor co r William G. Ross Jr.. Secretary - i Department of Environment and Natural Resources DU QL A -C Alan W. )Gmek. P.E. Director Division of Water Quality November 12, 2002 Dr. Fred Cunningham Northeast Carolina Farms, Inc. P. O. Box 865 Moyock, NC 27958 RE: Rescheduling of Request for Remission of Civil Penalty Beicross Farm (Farm #15-11) Camden County Case Number DV 00-029 Dear Dr. Cunningham: Your remission request hearing for the referenced civil penalty has been rescheduled for December 12, 2002. I apolo je ze for any inconvenience that the cancellation of the October remissions hearing may have caused- If you have any questions, please feel free to call.me at (919) 733-5083, extension 539. Sincerely, Steven C. Lewis cc: Jim Mulligan, Washington Regional Supervisor File # DV 00-029 NCDEN'R Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-a77-623-6743 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-161: State Courier #52-ot-ot Raleigh, NO 27659-1617 An Equal CFper:undy/A'SmMHve Acffon Emplcyer 50 : recycled/ 10%Past-cor�sumerpaper ht�11►t2o.enrstate.ncus oF VkJ A rERpG Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources 0 -'r Alan W. Klimek, P.E. Director Division of Water Quality December 6, 2002 Dr. Fred Cunningham Northeast Carolina Farms, Inc. P. O. Box 865 Moyock, NC 27958 RE: Rescheduling of Request for Remission of Civil Penalty Belcross Farm (Farm #15-11) Camden County Case Number DV 00-029 Dear Dr. Cunningham: Your remission request hearing for the referenced civil penalty has been tentatively rescheduled for February 13, 2003 due to the necessity of your attendance at the National Pork Producers Council meeting on December 12th. When the Environmental Management Commission's 2003 calendar is announced, I will notify you as to the exact date. ,If you have any questions, please feel free to call me at (919) 733-5083, extension 539. Sincerely, , Steven C. Lewis cc: Jim Mulligan. Washington Regional Supervisor File # DY 00-029 17 A NCDE+`,R Customer Service. MaHing Address_ Telephone (979) 733-5083 Location: 1-87-623-67-18 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier 1152-01-01 Raleigh, NC 27699-1617 An Equal Gppdrtunity/Affiirmative Action Employer 50°a racycled / 10% past -consumer paper hopJ/h2c. enr statexe. us S� r+ ■ Complete items 1, 2, and 3. Also complet�� item 4 if Restricted Delivery is desired. .- VI ■ Print your name and address on the reversL so that we can return the card to you.. ■ Attach this card to the batik of the mailpiece, J Z- or on the front if space permits. 1.AArticle Addressed to: �1J�• (_-j Nt 4 {'zQ4 Carv�t.�aJ &0] A)C. t9,)959 A. Received by (Please Print Clearfy) I B. pate of Delivery' 41>-- C 1gnature Ot�' ❑Agent Mt ❑ Addressee D. Is delivery address different em 17 ❑ Yes If YES, enter delivery add Iaw: ❑ No 3. Se ce Type i�ertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service labeO J �zo 6/15_ 3s� PS Form 3811, July 1999 Domestic Return Receipt 102595.00•M-0952 a rr'i r� Car,�ti2C -ed P-v . Fecec. c.e I w•e RegL t_3 Res:- -a Delwe�. zee 0 JEn=C Serrert Regt, r=z i Q Total Postage & Fees S 17 S Recipient's Name a.se=rm Ca;". re .'cr._:e�?__. T3r1Q• m cr- Er ............. .............................. acry. care. .............•---.............--....._._.-_... r� Sao. Fetnwy 20M 157 0 WAr�RQG Michael F. Easley Governor William G. Ross Jr., Secretary Department at Environment and Natural Resources -9C Alan W. Klimek, P.E. Director Division of Water Quality Dr. Fred Cunningham Northeast Carolina Farms, Inc. P. O. Box 865 Moyock, NC 27958 January 15, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Rescheduling of Request for Remission of Civil Penalty Belcross Farm, (Farm #15-11) Camden County Case Number DV 00-029 Dear Dr. Cunningham: This is to confirm that your remission request hearing for the referenced civil penalty has been scheduled for February 13, 2003- The Committee on Civil Penalty Remissions will convene immediately following the close of the regularly scheduled business meeting of the Environmental 'Marlaaement Commission in the Ground Floor Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see enclosed directions). You should arrive no later than 11:00 a.m. If you have any questions, please feel free to call me at (919) 733-5083, extension 539. Sincerely, Steven C. Lewis cc: Jim Mulligan. Washington Regional Supervisor mile # DV 00-0?9:, VXY NCDEI`:R Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1.877.623-6748 1617 Mail Service Center Fax (919) 733-0039 512 N. Salisbury$t. Raleigh, North Carolina 27699-1617 State Courier #52.01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Atrrmative Action Employer 50% recycled / 10% post -consumer paper htrp:1/h2o.enrstate.nc. us W • AGENDA ITEM: Request for Remission of Civil Penalty by Jimmy McKenzie (PC 02-001) Sampson County EXPLANATION: On June 4, 2002, Dennis R. Ramsey, Assistant Chief of the Non -Discharge Branch of the Water Quality Section, Division of Water Quality, pursuant to delegation by the Director of the Division of Water Quality assessed a civil penalty of $5,667.55 ($5,000.00 civil penalty and $667.55 investigative costs) against Jimm McKenzie for violation of conditions of a permit required by G.S. 143-215.1. On September 26, 2002, Frankie McKenzie on behalf of Jimmy McKenzie) requested remission and waived the right to an administrative hearing and stipulated that the facts were as alleged in the assessment document. .RECOMMENDATION: The Division of Water Quality opposes any remission or mitigation of the penalty. The recommendation is made for the following reason: 1. The Director considered information submitted in support of Jimmy McKenzie's request for remission of civil penalties in accordance with G.S. 143-215.6A(f) and his delegation provided by the secretary and did not find grounds to modify the assessment. 159 State of North Carolina Department of Environment and Natural Resources 'Division of Water Quality Mchael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director Mr. Jimmy McKenzie 1137 White Oak Church Road Clinton, NC 28328 Dear Mr. McKenzie: NCD-ENR NORTH CAROLINA DEPARTMIEW of ENVIRONMENT AND NATURAL RESOURCES June 7, 2002 CERT.CFIED MAIL RETURN RECEIPT REQUESTED SUBJECT: Assessment of Civil Penalties for Violation of Conditions of Animal Waste General Permit Farm # 82-650 Sampson County File No. PC 02-001 This letter transmits notice of a civil penalty assessed against McKenzie Faun in the amount of $5,667.55 which includes $667.55 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 provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-W59 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 /a . An Equal Opportunity /Affirmative Action Employer 50% recycled / 10% post -consumer paper http://h2o. enr.state.nc. us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 r 7 Please submit payment to the attention of: Mr. Steve Lewis NCDENR - DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification fdr 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 Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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: 1 / f' Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Caiolina 27699-6714 AND Mail or hand -deliver a Copy of the petition to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or Ms. Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, ex� Dennis R. Ramsey, P.E. Assistant Chief Non -Discharge Branch ATTACHMENTS cc: Paul Rawls, Fayetteville Regional Supervisor w/ attachments Bob Heath, FRO w/ attachments File # PC 02-001 w/ attachments Central Files w/ attachments Public information Officer w/ attachments C/o 47 i STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. AWG100000 ) STIPULATION OF FACTS FILE NO. PC 02-001 Having been assessed civil penalties totaling $5,66755 ^� for violation(s) as set forth in the assessment document of the Division of Water Quality dated, June 4.2002 , the undersigned, desiring to seek remission of the - civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 2002. ADDRESS TELEPHONE SIGNATURE t STATE OF NORTH CAROLINA COUNTY OF SAMPSON - IN THE MATTER OF JIMMY MCKENZIE FOR VIOLATIONS OF CONDITIONS OF THE NON -DISCHARGE GENERAL PERMIT AWG100000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. PC 02-001 } } FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Dennis R. Ramsey, Assistant Chief of the Non -Discharge Branch of the Water Quality Section of the Division of Water Quality (DWQ), make the following: I_ FINDINGS OF FACT: A. Jimmy McKenzie owns and. operates McKenzie Farm, a swine operation in Sampson County. B. Jimmy McKenzie was issued Certificate of Coverage AWS820650 under General Permit AWG 100000 for McKenzie Farm on March 26, 1999, effective March 26, 1999, with an expiration date of April 30, 2003. C. Condition II. I. of the issued permit states "The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated." D. On April 21, 1998, staff with the Division of Soil and Water Conservation (DSWC) inspected the McKenzie Farm and noted in the inspection report "Need to address spray field conditions (Water-Ponding Problem)." E. On September 3, 1998, staff with DWQ inspected the McKenzie Farm and noted in the inspection report "The spray field has a problem with standing water due to no drainage outlet. Need to consult with a drainage expert for correction action." MA W F. On or about September 14, 1998, DWQ sent a Notice of Deficiency to Jimmy McKenzie regarding the September 3rd inspection that stated in part "It was observed that the waste application field has a severe drainage problem with water ponded in approximately25 percent of the field. ... The inspection revealed that the waste application field is depressional in the center resulting in water standing approximately 12 inches in depth. ... It is strongly recommended that you contact a technical specialist for assistance concerning the deficiencies noted above." G. On April 22, 1999, DSWC staff inspected the McKenzie Farm and noted in the inspection report "After talking with Sampson Soil and Water Conservation about the field drainage problems, they stated they had no plans in the works for repairing the drainage in the spray field. This part of the field was standing in water and the fescue was non existent." H. On September 24, 1999, DSWC staff inspected the McKenzie Farm and noted in the inspection report "Spray fields have had water ponding problems for the last two or three years. Severe competition with other grasses and weeds noted in spray field. Contact NRCS for assistance with spray field issue." I. On December 30, 1999, DWQ staff inspected the McKenzie Farm and noted in the inspection report "The wet area in spray field takes up quite a few acres that can't be sprayed on." J. On February 2, 2000, DWQ staff inspected the McKenzie Farm and noted in the inspection report "Spray field was saturated in some areas." K. On July 11, 2000, DSWC staff inspected the McKenzie Farm and noted in the inspection report "Spray field has a severe drainage problem." L. On November 29, 2000, DWQ staff inspected the McKenzie Farm and noted in the inspection report "The farm has an area in the waste application field (approx. 3 to 4 acres) that has standing water year round that has not been addressed." M. On January 9, 2001, DWQ staff inspected the McKenzie Farm and noted in the inspection report "At the time of this inspection a thorough inspection of waste application field was conducted due to evidence of recent waste application. Due to difference between lagoon levels observed Jan 2 2001 and Jan 9, 2001 of approximately 3 inches which egtWs approximately 326,160 gallons. Waste was ponded in the field in several areas, in addition to a ponded area." Staff also observed wastewater in the diversion ditch between the lagoon and spray field as a result of a leak at the pump or pump connection to the subsurface system. N. On April 3, 2001, DSWC staff inspected the McKenzie Farm. It was noted in the inspection report "The irrigation hookup at the lagoon appears to be leaking during irrigation events. The waste looks to be running toward the spray field. &5 r� Make sure to repair this hookup. Waste was ponded around this area." It was also noted that "During a revisit to the farm on 4-5-01 and 4-6-01, there was waste standing in a large majority of the spray field behind the lagoon. DWQ was called and notified on 4-6-01 of the ponding waste in the spray field. ... The fescue stand was very poor due to a large majority of the spray field being under water. This has been noted for several years." O. Condition No. 1. 2. of the General Permit incorporates by reference the Certified Animal Waste Management Plan (CAWMP) for a facility and states that any violation of the CAWMP shall be considered a violation of the general permit. P. A waste utilization plan (WUP) is a required component of an animal waste management plan in accordance with G.S. 143-215.10C(e). An approved animal waste, management plan certification including a waste utilization plan (WUP) for McKenzie Farm was received by DWQ on or about August 11, 1995. Q. The WUP for McKenzie Farm states in part "Do not apply waste on saturated soils or on land when the surface is frozen." R. On April 6, 2001, DWQ staff inspected the McKenzie Farm as a result of notification from DSWC staff. DWQ staff noted in the inspection report "Site visit to farm after Trent Allen referred farm for failure to meet on two (2) occasions for operation review. At the time of inspection an unknown individual was setting up irrigation on a saturated field. Returned at 3:30 PM to observe irrigation in process. No run-off observed. Returned at 6:30 to observe wastewater ponded over the majority of the sprayfield where irrigation occurred and wastewater was running off the sprayfield into a pond area (approx. 8 acres). This area (pond) is dammed at the property line and discharges into a canal (blue line stream). (see pictures). A walk of the waste application fields found wastewater ponded over the majority of fields. Wetland plants were observed in several areas of the sprayfields (see pictures)." S. On April 9, 2001, DWQ staff collected water samples from the area of ponded wastewater in the sprayfield and from the, wastewater runoff from the spray field to the ponded area. Laboratory analysis determined that the ponded wastewater contained 22,000 fecal coliform colonies per 100 milliliters. and the wastewater runoff sample contained 440 fecal coli form colonies per 100 milliliters. T. On or about April 18, 2001, DWQ sent -a Notice of Violation/Notice of Intent (NOV/NOI) to Jimmy McKenzie. The notice stated in part "During the follow-up inspection on January 9, 2001, the waste application fields were observed to have waste water ponding from a recent irrigation event. ... The waste application fields have been observed, over the past four (4) years, to have a Iarge area (6 to 8 acres) with ponded waste and surface water which is unsuitable for waste ,application." wza. r U. Condition No. M. 2. of the issued permit states in part "Waste lagoon and storage pond level shall be recorded weekly on forms supplied or approved by the DWQ." V. On November 29, 2000; and April 9, 2001, DWQ staff inspected the McKenzie Farm. The facility did not have weekly waste lagoon level records on appropriate forms. W. In the NOV/NOI dated April 18, 2001 (item T above), DWQ requested that a copy of the waste lagoon level records from January 1, 2000 to April 18, 2001 be submitted to the Fayetteville Regional Office before April 27, 2001. Mr. McKenzie did not respond to this request. X. Condition No. III 3. of the issued permit states "A representative Standard Soil Fertility Analysis, including pH, copper, and zinc, shall be conducted annually on each application field receiving animal waste. The results of these tests shall be maintained on file by the Permittee for a minimum of three years and shall be made available to the DWQ upon request." Y. Condition No. M. 5. of the issued permit states "Records, including land application events and removal of solids to an off -site location(s) records, shall be maintained by the Permittee in chronological and legible form for a minimum of three years. These records shall be maintained on forms provided or approved by the DWQ and shall be readily available for inspection." Z. On December 30, 1999, DWQ staff inspected the McKenzie Farm. DWQ requested copies of the waste lagoon levels, soil test results, and land application events. These records were not readily available for review. :4.A. On or about June 25, 2000, DWQ sent a letter to the McKenzie Farm requesting that copies of the facility's required records (lagoon levels, irrigation records, soil test results, etc.) be submitted to the Fayetteville Regional Office before duly 5, 2000. Mr. McKenzie did not respond to this request. BB. In the NOV/NOI dated April 18, 2001 (item T above), DWQ requested that a copy of the facility's irrigation records from January 1, 2000 to April 18, 2001 be submitted to the Fayetteville Regional Office before April 27, 2001. Mr. McKenzie did not respond to this request. CC. On October 24, 2001, DWQ staff inspected the McKenzie Farm. Waste lagoon levels and soil test results were not available. DD. Condition No. V. I of the issued permit states in part that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (CAWMP). At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot of structural freeboard." 9-0 EE. The 25-year, 24-hour storm event for the facility's location is between six and one-half (6.5) and seven (7) inches according to National Weather Service, Vol Technical Paper 40, Rainfall Frequency Atlas of the United States, 1961. FF. Based on a 25-year, 24-hour storm event of six and one-half (6.5) inches and one foot of required structural freeboard, the waste level in the lagoon for the McKenzie Farm shall not exceed eighteen and one-half (18.5) inches. GG. DWQ staff inspected the McKenzie Fans on September 5, 2000 and January 2, 2001 and observed the waste levels of the lagoon to be 17.5 inches and 18 inches, respectively, which exceeded the level specified in the CAWMP. HH. Condition No. 1I1.6. of the issued permit states that "The Perrrtittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: ... e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V. (3) of the issued permit." 11. The Fayetteville Regional Office had not received notification from the McKenzie Farm that the waste level exceeded the level specified in the CAWMP within 24 hours of either date noted in item FF above. JJ. Condition No. V. 2. of the issued permit states "The Permittee shall designate a certified animal waste management system operator to be in charge (OIC) of the animal waste management system. The animal waste management system shall be operated by the OIC or a person under the OIC's supervision." KK. During the inspections on April 22, 1999, December 30, 1999, July 11, 2000, and April 3 and 6, 2001, DSWC and DWQ staff noted that there was no certified OIC for the farm. LL. On or about February 21, 2001, Mr. McKenzie was notified by letter from the Technical Assistance and Certification Unit of DWQ that the designated operator for the farm was no longer certified. A response was requested by April 1, 2001. Mr. McKenzie did not respond to this request. MM. According to DWQ records, no certified operator in charge of the animal waste management system is designated at the McKenzie Farm as of April 19, 2002. NN. The costs to the State of the enforcement procedures in this matter totaled $667.55. r '' Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Jimmy McKenzie is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. The above -cited failures to maintain land application equipement and fields violated Condition No. II. 1. of General Permit No. AWG100000. D. The above -cited application of waste to saturated soils violated Condition No. 1. 2. of General Permit No. AWG 100000. E. The above -cited failures to record waste lagoon levels on appropriate forms violated Condition No. M. 2. of General Permit No. AWG100000. F. The above -cited failures to make available a representative Standard Soil Fertility Analysis violated Condition No. M. 3. of General Permit No. AWG100000. G. The above -cited failures to make available records of land application events violated Condition No. III. 5. of General Permit No. AWG100000. H. The above -cited failures to maintain the liquid level in the lagoon at the level specified in the CAWMP violated Condition No. V. 3. of General Permit No. AWG100000. I. The above -cited failures to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V. 3. of the General Permit violated Condition No. III. 6. e. of General Permit No. AWG100000: J. The abovd-cited failures to designate a certified animal waste management system operator to be in charge (OIC) of the animal waste system violated Condition No. V. 2. of General Permit No. AWG100000. K. Jimmy McKenzie may be assessed civil penalties 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 who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. L. The State's enforcement costs in this matter may be assessed against Jimmy McKenzie pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). 6Q A M. The Assistant Chief of the Non -Discharge Branch of the -Water Quality Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment 'and Natural Resources and - the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Jimmy McKenzie is hereby assessed a civil penalty of: $� O for violating Condition No. II.- 1. of General Permit No. AWG100000 by failing to maintain land application equipment and fields $ 000 for violation of Condition No. I. 2. of General Permit No. AWG100000 by applying waste to saturated soils $ S o O for of two violations of Condition No. III. 2. of General Permit No. AWG100000 by failing to record waste lagoon levels on appropriate forms $ O b for of three violations of Condition No. III. 3. of General Permit No. AWG100000 by failing to make available a Standard Soil Fertility Analyses $ . for (_ of three violations of Condition No. III. 5. of General Permit No. AWG100000 by failing to make available land application records $ for % of two violations of Condition No. V. 3. of General Permit No. AWG 100000 by failing to maintain the liquid level in the lagoon at the level spedified in the CAWMP $ -Sa D for / of two violations of Condition No. M. 6. e. of General Permit No. AWG100000 by failing to report the failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V (3) of the General Permit M ft $ �` for violating Condition No. V. 2. of General Permit No. AWG 104000 by failing to designate a certified animal waste management system operator to be in charge (OIC) of the animal waste system $ 667.55 $ S. �G7.SS Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B-282.1(b), which are: (1) (2) (3) (4) (5) (6) (7) (8) 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; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The cost to the State of the enfgNement procedures. a- C2,2 (Date) AJ�71�1 La11L 41JJL1 Non -Discharge Branch Water Quality Section Division of Water Quality Il Ln TZI s .a Ln r4 C,7 O C7 O r+T rr Ir _ I r O@tmalK Return Fieceict Foe I Here IEnoorsement Pecuirecl Restricted Deliven, Fe (Endorsement ckecuiredl Total Postage 5 Fees ' e !Please Prn! +r (to C m lered by rle.•; A •� _ $treE : e:p:. i•'C.: Cf GO -n (JLl y-ti -� l 7ti.._. iG-------------! Cityy$t�,F-, �................ k i jl' NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Jimmy McKenzie County:Sampson Case Number: PC 02-001 Permit Number: AWS820650 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resul ' g from the violation; ( )not significant ( toderately significant ( )significant { )very significant ( )extremely significant 2) The duration and gravity of the violation; ( )not significant ( )moderately significant (ificant ( )very significant ( )extremely significant- - - 3} The effect on ground ors ace water quantity or quality or on air quality; ( )not significant ( oderateiy significant ( )significant ( )very significant ( )extremely significant 4) of rectifying the damage; ThKotossitgnificant ( )moderately significant ( )significant ( )very significant ( )extremely significant 5) The amount of money saved by noncompliance; ( )not significant ( )moderately significant { significant ( )very significant ( )extremely significant 6) Whether the violation was committed willfully or inte(tonally; ( )not significant ( )moderately significant ( ignificant ( )very significant ( )extremely significant 7) The prior record of the violator in complying or failing t omply with programs over which the Environmental Management Commission Ihds regulatory authority; and ( )not significant ( )moderately significant ( significant ( )very significant ( )extremely significant $) The cost to the State of enforcement procedures. ( )not significant ( moderately significant ( )significant ( )very significant ( )extremely significant Date Dennis R. Ramsey, P.E. REMISSION FACTORS (} Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; (} Whether the violator promptly abated continuing environmental damage resulting from the violation; {) Whether the violation was inadvertent or a result of an accident; O Whether the violator had been assessed civil penalties for any previous violations; and O Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date . -�73 1- DIVISION OF WATER QUALITY February 11, 2002 MEMORANDUM/'� TO: Jeff Poupart Non-Disch a Compliance ;;��. A ';,• .Y THRU: Paul Rawls _ 'Ffa Water Qualry egi al Supervisorrrce : Fayetteville Regional ffice FROM: Robert F. Heath Environmental Specialist II Fayetteville Regional Office SUBJECT: Enforcement Package Mckenzie Farm Facility No. 82-650 Sampson County Please find enclosed a fast track enforcement package pertaining to the discharge of animal waste at the subject facility. Thank you for your cooperation regarding this matter. If you have any further questions or need clarification on any of the details, please contact me. 1. Date of . • . -N•. ••. December 30.1-99.9.-Febru= 2.2000. September .. rl 1. Oclobtr 24,rl 2. Regional Office: Fayetteville, �Yalgr Quillity Section 3. Name of Owner Of Property: Jimmy 1�i g =ie (Copy of Deed atiKhed) 5. • •. White Oak Churchi•.• Clinton, 7. Description of Facility Location, Map excerpt attached. Travel from Clinton on Highway 24 West to Bonnettsville. turn right on SR1233. go =12roximately four miles to the intersection with SR1322,_turn Eight and farm on the rLgl gpp� roximately one-half milt. 8. Date this facility began operation: The farm has been in full operalign since I W 9. Date of last expansion: Not Qp 'cable 10. Has the facility registered with DWQ?• YES-X NO_ If yes, date of registration 11/24193 11. Does the facility have an approved Animal Waste Management Plan YES NO_ Is one required? YES NO_ Date Approved: -March 13, 1996 12. Has this facility received a CAFO Designation? YES_ NO X If yes, date issued: 13. Type,of Operation: Swine, Eeederto,Finis h 14. - Number and type of livestock: The- facil' js-designed and_permitted foz4825 hogs per cycle. 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. TwQlyg(12) mollihs. 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? -y_e5. the farm was designgdjo have approximately acre _gf land on which to apply The c-ertified waste management plan calls.for a fescue crop .At the time of the inspprtion,_E=e portions of the snt'ay f jds had a wheat or rye crop overseeded _over fescue. Approximately -acres, is inundated with a. combination of wastewater_arid surface water. {a M10bra • i oil !_ a !•a !• U-� !•u j•a • r • ! •••rITMIOMP•a•r !r arr.• • •! ••••r ! •u r r 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: It was noted that no swine farm are located in the immediate vi.ciinity, Kettrell Siricklannd-Q=tes_a_swine farm locate approximately one (1) mile South from the wasteMcKenzie Farrn-facilit�. Ibis facility app&5 McKenzie Farm facility application site. 19. Proximity of facility to neighboring houses, wells, etc.: It was noted that.several resideuces are locate approximately 200 feet from the south portion of the waste application fj Ids. 20. Approximate depth of ground water table in the area of the facility or discharge: Ljnknown 21. Proximity of facility to surface waters: Facility (edge of lagoons) s located approximately 50 feet from a manmade ditch (canal) flowing to surface, waters, dilien. the waste application fields are adjacent to the canal. 22. Animal waste discharged. Swine pollutants23. Are discharged in the waters of the State? N-Q If so, how? Eyvj�ence gf prior discharges haye been observe-d- njimerous times duling inspections by identif�dag Vgnded WastCWajer gd.jgrCH=he cgnal Md below a small dam - created by the gwrier. This dam resulted in ponded fresh water and waslewater in the g2rayfield that flg2dgd:gpproximately-4 -to 6 acres -of the -waste applicatign field. -WasWwater was observed elitering this floQded area gf the yzaste-al2plication field D-n-at least tw gccasions.rrrl a i- Hurricant Floyd and again •! April. tl r • h • 2 -26 r between24. Do or have discharges occurred in response to a storm event less severe than the 25-year, hour storm? NP.-The &gilily was observed to ha-ve -appled-wastg tg a wage appligation field Janu= _ 2001 and Janu= '. 2001 resulti .plication .l! ••1.+ 1g 1 1+1! a ggnal ditch that connectsto g bjj& linett •1 •# ' 2001 due IQ •!t• • waste in a eroded channel that discharizes into the canj] ditch, In addilion- the lagoon I "yj on January 2. 2QQ1 was observed to be less than tbf,.=-uired 22 inches of freeboard as required by the lagoon design for this fagility. The lagoQti lgvel on Januga 2. 2001 was 18 inches, 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 receiving surface waters, that will cause or add to the possibility of algal blooms and accelerated eutrophication of the slow moving waters of the pond. Also, samples taken indicate elevated fecal coliform levels in the pond. Sample results: ,11. • , +1 . • # • a •ut _ C•� �, :.i111.1 •_ - W1 A/_•_• 00100my 1 11# 2. Pond-ID#01 WE42432 440 9 J.2 3.1 ***PLEASE SEE ATTACHED COMPLETE LAB RESULTS AND PHOTOGRAPHS FOR MORE INFORMATION*** 1 f! ...! + t+- R41TWITMET1 If + !• 1 t o iI • Dr. M.A. Carolina Agrigulture based commen15+It 1{ o!North Doartment of -on 26. What is the duration and gravity of the violation?: Ll��i�i111 - . • 1 �L•-Z�ij{�sri{�fi��.Y�+�i1i11[•�'lilll��i��f�6�+I�9�[i�lii��I•�t�•Y+�!{��711 - - - t 3 -177 28. What is the cost of •. 1_,s• , The writer observed removal of all wata and drainin2 of this area to include the removal of tht-dam adiggent to 1" coal, There has been 1• p•l of dgwn=garn imlaacts • •' the are�-of, investilzatiolL 29. What is the amount of money saved by noncompliance?: Based on obsmations madC during the ii3yeatigations. the -cost savings to co=rt the field drainage aad land planing of jhp waste application fidds I ' - irface water drainage is significant. -In addition. thC $oils -in the field are heamy clay -and needing --aaalban dur, to compaction fromjt& livestgck that are Maintained •} jhp• 1. Was the violation committed willfully or f i Explain: Although it does S99M I lat theirfigatioi3 eQuipment operator should havr, ingreased l s.•.. th' la f 1 !. , ..,� •s :.}�.. r 11 1-f surface Thedid not ! 1! haytjUmified=rator which probably contributed to the 12r-Qblem-due to lack of Imowledge al3d training, 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?: The McKenzie Fad- have been uncooperative with the DWQ and the D-S&W overAhe past five (5) years. with n4__imprQvements during the period. The ,&11owing_is an abbreviated- list of the deficiencies and, violations observed by this ages; IM 1. The CAWMP does not include maps of the waste application fields. 2. The waste application fields have not been harvested and no livestock are on site. 3. No irrigation equipment was available at the time of inspection. IM I. The waste application field has a depressional area with standing (ponding) which requires correction to prevent future discharges. 2. The waste application fields have a poor stand of fescue in several areas and the soil is compacted and needs aeration. 3. Weekly lagoon levels are required to be maintained. 4. Need a map of the waste application fields with irrigation set ups for record keeping. I&S!A Lagoon level was at 14 inches and farm was irrigating on a flooded field. December 1999 1. Need technical assistance to address large wet area in application field. This area takes up several acres. 2. Need to work on weeds in the application field. 3. Need to put a copy of the General Permit and COC in the box at the farm. 4. Need to take soil samples once a year. Need to keep waste analysis samples current. 5. No irrigation records were available on site. 6. There is no operator in charge listed for the facility. 1. 3une 26.2000, letter requesting irrigation records for completion of routine inspection of 1999. Note: no response received from McKenzie Farm. 2. September 5_2000, iaeoon ev-aluation obsmed the freeboard at 1.55 inches which is less 3. September 12. 2000, NOV/NQIe a" othe-required 4. November 29.2000 5. The farm has an area in the waste application field that has standing water year round that has not been addressed. 6. Need to keep lagoon levels weekly on the approvdd form. 7. Need a copy of odor, insect, and mortality checklist. 2.QU Januam2, 204L. lagoon evaluation observed the freeboard at 18 inches which is less than the minimum of 22 inches required for this facility. (See Photo) Janurary 9. 2001. reinspection conducted: 1. Lagoon had been lowered approximately 3 inches without a certified operator in charge. 2. Wastewater was ponded in fields and in a diversion ditch adjacent to the waste application field. April 6. 2001, Referral from the DS&W for failure to meet for inspection on two (2) occasions and wastewater ponded in the waste application fields. April 6.2001. site visit by DWQ 1. Irrigation equipment set up in front waste application field. 2. Inspector observed irrigation in process. Discharge of wastewater confirmed at 6:30 PM into a wetland pond on -site. Wastewater ponded in this field and most areas of all waste application fields. (See Photos). April 2. 2001, 1. Wastewater was ponded in the waste application field and samples were collected. r 32. What is the cost to the State for the enforcement procedures?: Regional Costs are as follows: Photo, film and developing: $ 6.00 Mileage: $0.23 per mile for 100 miles: $ 23.00 Fecal Colifoi-in ($25.00 per sample) * 2: $ 50.00 Ammonia ($14.00 per sample) * 2 $ 28.00 TKN ($16.39 per sample) * 2 $ 32.78 Nitrate/Nitrite ($18.37 per sample) * 2 $ 36.74 Total Phosphorus (16.29 per sample) * 2 $ 32.58 pH 403 (5.88 per sample) * 2 $ 11.76 Robert Heath @ $ 20.01/hr 3 hours - Drive Time (two (2) trips) $ 60.03 1.5 hours - Investigation $ 30.01 8 hours - Report Development $ 160.08 hours 12.5 JO.Laj $ 250.12 John Hasty @ $19.77/hr 1.5 hours - investigation $ 29.65 Paul Rawls @ $ /hr hours -1 =a1 j 31.87 Greg Thorpe - 1 hour (Supervisory Review) $ Central Office Review ' $ 100.00 Total $ 667.55 33. Type or general nature of business: Swine, feeder to Finish • ' 1 • • 1 ' . • 1 1 11 • • • . . 1 • •1} 1 • 1 • • lil • 1' • �• _ 11 • - 4 1 ! 1 • 11 1 " • • ! 7• • 1 1 • 1 • •! 1 • 11#111KI " • 1 • 1 •10 1 • • 1 • WPM* • ■ • 1 • / • 11 • 1 • 11 1 • 1 • •• i VIM • 1 • • • • "11 !- 1 -! 1 " 1l_ _ 111 : 1 11 = • 1 6 3i -d arge the facility did not hgve an Operator -in Charge ftsignate-,&br-the facility. Higb with this -facility Luling past site vi its -In addi�on, a review of the land apl2lication-recods for 2001 did 1. ! 1 sr., •1 fv-ent5 thatoccurred . 1 .1 .Qit ._!, .1 .3 .1. pmaibly fabscated with aleast two.1• 1 application events in 211 having heen omitted, 35. Are there any Mitigating Circumstances?: NQ 36. Assessment Factors: 1Leif1 1 + 1 + 1 • 1 + ! • + : .1 + _!f 1 b. Receiving Stream: gice (Bye) Swa ._Clash"B -SW c. Damage Yes ! No X (Based on observations at the time of the investigation) If YES, include report from Wildlife Resources Commission. 37. Ineludea_eopy o any DeAgpation letter 5igned by the Director. 38. Recommendations Made to Owner/Operator: l - Immediatt, y cease pgm�jng--waate on tothe _fields. 2- Take immediate action to prgvgnt any future discharge of waste, 3- Contact NRC to obtain technical assistance if necessary. 39. Recommendations for further DWQ Action: - Notice of Violation Forwarded April IS, 2001) _,.Enforcement Action Reinspeclion TA Mif compliance _ 1 theirGeneral Permit numerous tip over 1= +e_ 1 d +i 1 land.wet area-where1 ,b. •1 :Ir . 01 1.d / ! pr+r converted.1� MAW" + 11 -- • 1 +- • 1 1 _ 11 _+ 11 re Miai= Tlimmff• 11. 1 1 1- -1 MIN, R 1 1 '++1 e_1+ + • ti m D� r1 t �;; r•''•l � r � s � .-^.... � ���. - � .'.bait" w`� _ _ - "�+'Li �. "� •r. �.�., . -_. I� 1i r 5 f ,,;'•.: ��~ SKr. :f .._ '' r�, , �.Jt.�rr K-'�i � + y`" �tll���'x��N ± � !'E 1.J'r�=;Y ti '•�, ; � ar�':�i,,iA •t , .'l•�i .t t;i�S� i1'Ts A�' n 4 1` }t r ;�' j:�, r r. •''II x f 't!J`� t + �;I i •j1 i ffy`�••�• I 'A� � � ., }} I II � •" T i � �. r. - - ar ►n .,'� ,�.••, j`''-"jam; r fIL- i. � p fit( ��.E'.. f� r .�t� i. 1 � � ✓r .,. r • i •gam 1 t►' •'F iI4i4 i JY_\� '••R •"•` s .i»•. 'Yl1 .IM �►'. ur lrwH.�.M i, 'S"'r.T�'�Gl'i'f:k'�..; +G -r.1 e<"' Nt '•�; �..' alai. �' , .. a_i— z —_ is '� ''�• fir;•.;: '` ^'',' ��L _ � = � '", -� 'IAA, -lr ir 71, A A 4 6101 NCDENR -North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross, Jr., Secretary ' - Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality November 19, 2001 U a t UkIV 4. 1.W 2 111 t Mr. Jimmv McKenzie 1137 White Oak Church Road Clinton, NC 28328 Subject: McKenzie Farm Facility No. 82 - 650 Permit No. AWS 820650 Sampson County Dear Mr. McKenzie: 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 October 24, 2001 staff from the Fayetteville Regional Office of the Division of Water Quality conducted an annual inspection of the McKenzie Farm located in Sainpson County: The inspections revealed that the lagoon levels were not being maintained weekly as required by General Permit condition 111.2. which states: "Waste lagoon and storage pond levels shall be recorded weekly on forms supplied or approved by the DWQ." In addition, soil samples need to be collected within 365 days of the previous samples; and the wettable acres determination had not been completed as required. Also, the irrigation records document waste application occurred outside the crop windows designated in the CAWMP. The Division of Water Quality requests that the following items be addressed: 1 Contact the local NRCS agency or a private company for assistance in conducting a Wettable Acres Determination. 2. Begin immediately recording the lagoon freeboard level weekly as required by your General Permit. 3. Collect soil samples -annually as required by the General Permit. 4. Review the CAWMP for the correct application m indwxs for the fescue crop. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facil4. -01 Fayetteville Regional Office 225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541/FAX: 910-486-070711ntemet: www.enr.state. usl�R An Equal Opportunity l Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 4 Page 2 McKenzie Farm - November • 19, 2001 Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation for any pastor future -violations. Furthermore, the Division of Water Quality has the authority to levy a civil penalh, 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 myself or ]vir.Robert Heath; Environmental Specialist at (910) 486-1541. Sincerely. Paul E. Rawls Regional Water Quality Supervisor RFH/ bh/ PER CC.' Sonya Avant -Compliance Group Wilson Spencer -Sampson Co. MRCS Trent Allen-DSWC Favetteville Office John Bizic-Murphy-Bro«n Central Files -Raleigh i • North Carolina Department of Environment and Natural ResourcesLT Division of Water Quality 1•f � Fayetteville Regional Office NCDENR Michael F. Easley,Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director April I8, 2000I Mr. Jimmy McKenzie 1137 White Oak Church Road Clinton, NC 28328 SUBJECT: Notice of Violation/Notice of Intent McKenzie Farris Facility No. 82-650 Permit No. AWS820650 Sampson'County Dear Mr. McKenzie: 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 November 29, 2000, January 2, 2001, January 9, 2001, April 9, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, performed inspections of the McKenzie Farm located in Sampson County. The inspections revealed that the lagoon levels were not being maintained weekly as required by General Permit condition III.2. which states: "Waste lagoon and storage pond levels shall be recorded weekly on forms supplied or approved by the DWQ". In addition, on January 2, 2001, the lagoon level was observed to have less than the required freeboard (18 inches) for the facility by General -Permit condition III.6.e. which states: "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V(3) of this Permit." Also, the lagoon design calculations and as built plans or drawings and checklist for insect, odor, and mortality were not available on the farm at the time of the annual inspection. During the follow-up inspection on January 9, 2001, the waste application fields were observed to have waste water ponding from a recent irrigation event. In addition, waste water 225 GREEN STREET - SUITE 7141 SYSTELBUILDING / FAYETTEVILLE. NC 29301-3443 PHONE (910) 486-1541 FAX (910) 486.0707 YOM ENR.STATF.NC-USIENRI AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1.877-623-6749 Mr. McKenzie April 18, 2001 Page 2 was ponded in the diversion ditch between the waste application field and the lagoon. The waste application fields have been observed, over the past four (4) years, to have a large area (6 to 8 acres) with ponded waste and surface water which is unsuitable for waste application. Due to the surface water ponding, this farm is anticipated to have a shortage of suitable acreage for waste application. Please conduct a wettable acres determination immediately. On April 6, 2001, the Division of Soil and Water referred your facility to the Division of Water Quality for failure to meet for an inspection and concerns observed at the time of the visit, primarily wastewater ponded in the spray fields. An irrigation event was observed on April 6, 200I, at which time wastewater was observed again ponding in the waste application field. The waste application fields were observed to have wastewater ponding in all areas of the farm and several of these areas have what appeared to be wetland plants (cattails) growing in the fields. In addition, the prevailing soil type (rains) is a clay soil with a shallow water table and is believed to be compacted as a result of cattle grazing which has exacerbated the soil infiltration problem. Also, the McKenzie Farm does not have an Operator in Charge (OIC) designated as required. The Division of Water Quality requests that the following items be addressed: 1. Contact the local NRCS agency or a private company for assistance in conducting a Wettable Acres Determination. 2. Contact the local NRCS agency for a copy of the lagoon storage calculations and as built drawings. Also, a copy of the checklist for insect, odor and mortality should be available from this agency. 3. Begin immediately recording the lagoon freeboard level weekly as required by your General Permit. 4. Submit an explanation of what occurred on April 6, 2001, that resulted in the discharge to the pond adjacent to the waste application field as required by your General Permit. 5. Submit a copy of freeboard records from January 1, 2000 to April 18, 2001, 6. Submit a copy of the irrigation records from January 1, 2000 to April 18, 2001. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Mr. McKenzie April 18, 2001 Page 3 You are hereby notified that based on the above information, the Fayetteville Regional Office of the Division of Water Quality is considering forwarding recommendation to the Director for consideration of enforcement for this violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for these violations that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendation for enforcement. This response should be received by this office on or before April 27.2001. . Information provided to this office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you ave any questions concerning this matter, please do not hesitate to contact either Mr Bob Heath, Environmental Specialist, or me at 910-486-1541. Sincerely, Paul E. R wls Water Quality Regional Supervisor RFH:PERIbs cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson County NRCS Trent Allen - DSWC, Fayetteville Office John Bizic - Murphy -Brown Central Files - Raleigh 91 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Ad47ssed to. - Mr Jittuily McKenzie 1137 White Oak.Church Rd Clintort NC 28328 82-650 2. Article Number from sece 7099 340 J011-1134rvil 588 A- Received by {Please Prfnt Clearly} B. Date of Delivery / o/z C. Sign tune X ❑ Agent rli1.. A1Q'1 ❑ Addressee D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type XXCertfied Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ insured Mail ❑ C.O.O. 14. Restricted Delivery? Xxfre Fee) ❑ Yes 102595.00•M•0952 V ,orth Carolina .)epartment of En-vironment and Natural Resources ater Pollution Control System Operator Certification Commission lichael F. Easley, Governor %illiam G. Ross Jr., Secretary aleen H. Sullins, Chairman February 2I, 2001 Jimmy McKenzie 1137 White Oak Church Road Clinton NC 28328 SUBJECT: Designation of Operator in Charge Farm Name: McKenzie Farm Facility ID ": 82-650 County: Sampson Dear Mr. McKenzie: NCDENR Senate Bill 12I7, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was enacted by the 1996 North Carolina General Assembly. This legislation requires owner of a certified operator for each animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid waste management system. Our records indicate that the operator designated as the Operator In Charge (OIC) for your animal waste management system is no ]onner certified. Therefore, you must designate a properly certified animal waste management system operator as the OIC for your facility. The enclosed designation form must be returned to this office by April 1, 2001. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Failure to designate a properly certified Operator in Charge for your facility is a violation of N.C.G.S. 90A-47.2 and 15A NCAC 8F .0201(a) and may result in the initiation of enforcement action. Please be advised that nothing in this letter should be taken as resolving you of the responsibility and liability for any past or future violations for your failure to have a properly certified Operator in Charge designated for your animal waste management system. If you have questions concerning this matter, or if this office can be of further assistance, please call Beth Buffington at (919)733-0026, extension 313. Sincerely, - Dwight Lancaster, Supervisor Technical Assistance and Certification Unit ' Enclosure cc: TAC Files Non -Discharge Compliance/Enforcement Unit Fayetteville Re-ionai Office Central Files 2j 1618 Mail Service Center, Raleigh, North Carolina 27699-1618 Phone: 919 — 733-0026 1 FAX: 919 — 733-1338 AN EQUAL 0PP0RT1JrNrry %AFF1RNtATrVE ACTION EMPLOYER - 50% RECYCLED/ 105%, POST CONSUMER PAPER 4CDENR JAMES B. HUNT JR.. GOVERNOR. PILL HOLMAN SECRETARY YERR T. STEVENS DIRECTOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYeTTEVILLE REGIONAL OFFICE September 12, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jimmy McKenzie 1137 White Oak Church Road Clinton, NC 28328 Subject: NOTICE OF VIOLATION AND RECOMMENDATION FOR ENFORCEMENT Administrative Code 15A NCAC 2H .0217 McKenzie Farm Facility No. 82-650 Sampson County Dear Mr. McKenzie: 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 September 5, 2000, staff from the Fayetteville Regional Office of the . Division of Water Quality conducted an inspection of your swine farm located off SR 1322 in Sampson County. During that inspection it was noted that the lagoon level was less than that required by your General Permit (Condition V, item 3). In addition, the Division of Water Quality has not received notice of the lagoon freeboard violation as required by your General Permit (Condition III, item 6, e.) which states, "failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V(3) of this General Permit." 1. Lower the lagoon level on the waste application fields as soon as possible when weather conditions and field conditions are acceptable in preparation of potential storms and maintain below the pump on level. In addition, notify the DWQ at the address below when the required lagoon freeboard has been re-established. 1000000F�7T�T _i 225 GREEN STREET, SUITE 714 / SYSTEL EILD. FAYETTEVILLE. NORTH CAROLINA 28301-5043 PHONE 910-486-1541 FAX BIO-406-0707 AN EQUAL OPPORTUNITY ! AFFIRMATIVE ACTION EMPLOYER - 80% RECYCLED/10% POST -CONSUMER PAPER Mr. Jimmy McKenzie September 12, 2000 Page 2 The Division of Water Quality requests that the following items be addressed: Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. 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. You are hereby notified that the Fayetteville Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The Recommendation concerns the failure of this farm to comply with the proper operation and maintenance of the lagoon, monitoring and reporting requirements, and the regional notification requirements of your General Permit. If you have and explanation for this violation that you wish to present, please respond to this office by September 29.2000. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910) 486-1541. i el , Paul : Rawls Water Quality Regional Supervisor cc: Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Garth Boyd - Murphy Farms rm r NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION -�+r��w.wrrlr N OF WATER QUALITY NCDENRFAYETTEvILLE REGIONAL OFFICE _ DIVISION OF WATER QUALITY �.iAMEG.9Y6-`HUNT JR}'�;%'�_'. GOVERNOR June 26, 2000 PIL1 HOLMANCERTIFIED MAIL SECRETARY RETURN RECEIPT REQUESTED Mrs ,jimmy Mckenzie (1lRECTOR � J 130 White Oak Church Rd. Clinton, NC 28328 Dear Mrs. McKenzie: -; On December 30, 1999, staff from the Fayetteville Regional Office attempted to perform an inspection of the McKenzie Farm in Sampson County. The visual inspection was completed with you however, you did not have any of the paper work, as required, to complete the inspection. The Division of Water Quality requests that you provide the Fayetteville Regional Office with a copy of the farm's CAWMP and all required records and documents (irrigation records, freeboard records, certifications, General Permit, BMP's, etc.). These records are to be received by the Fayetteville Office on or before July 5. 2000. If you have any questions concerning this matter please feel free to contact me at (910) 486-1541. Sincerely, John C. Hasty, Jr. ~' = Environmental Specialist GROUNDWATlR® 225 GREEN STREET, SUITE 714 / 8YSTIEL OLD. FAYETTEVILLE, NORTH CAROLINA 29301.5043 PHONE: 910-406-1541 FAX: 910-466-0707 •;a!uri,. > .- AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 60% RECYCLED / 10% POST-CONiUMiR PAPER a uyu DENR TOLL FREE HOTL3NE1 1.877.623.6748 -...'lii.`.r'�::,�'•:; is yi. NCDENR JAMEa B. HUNT JR:= .GOI/E:RItOR 44 . • . 'v. •WAYNE McoxvI-.Fr ..;� 56CRiTARY rld�5•- NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY September 14, 1998 Mr. Jimmy McKenzie 1137 White Oak Church Road Clinton, NC 28328 SUBJECT: NOTICE OF DEFICIENCY McKenzie Swine Facility Registration No. 82-654 Sampson County Dear Mr. McKenzie: On September 3, 1998, staff from the Fayetteville Regional Office of the Division of, Water Quality inspected the McKenzie swine facility. It was observed that the waste application field has a severe drainage problem with water ponded in approximately 25 percent of the field. In addition, the fescue pasture has a poor to nonexistent stand in some areas. A written record of weekly lagoon levels is required on all permitted facilities. The inspection revealed that the waste application field is depressional in the center resulting in water standing approximately 12 inches in depth. This condition is not acceptable and could result in future discharges if corrections are not implemented. It is strongly recommended that you contact a technical specialist for assistance concerning the deficiencies noted above. Please notify this office in writing on or before October 15, 1998 at the address below as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. 9'7' 225 GREEN STREET, SUITE 714, FAYETTEVILLE. !NORTH CAROLINA 20301-5042 PHONE 010-486-1541 FAX 01 O-4e8-0707 AN EQUAL OPPORTUNITY /AF►IRMATIVE ACTION EMPLOYER - 50% R=CYCLED/10% PoST-CONiUMER PAPER a Nis. Jimmy McKenzie Page 2 September I4,I998 If you have any questions concerning this matter, please call Bob Heath, at"(910) 486-154I. Sincerely, Step n A Barnhardt Acting Regional Supervisor cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Wilson Spencer - Sampson Co. MRCS State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary e�� 1DP."NFZ DIVISION OF WATER QUALITY May 12, 1997 Mr. Jimmy McKenzie 1137 White Oak Church Road Clinton, NC 28328 SUBJECT: NOTICE OF DEFICIENCY McKenzie Swine Facility Registration No. 82-650 Sampson County Dear Mr. McKenzie: On May 6, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the McKenzie swine facility. It was observed that the Certified Animal Waste Management Plan was not complete in that no maps of the property and the application field were attached and no third party contract for waste application or no irrigation equipment was available as required by the certification form on or before September 16, 1997. The inspection revealed that the Certified Animal Waste Management Plan (CAWMP) contained an exclusion for irrigation equipment purchase for up to 180 days after stocking and that the application field was to be planted within that time frame. The CAWMP also is calculated for graze and no cattle, sheep, or goats are in the application field. Based on this information the facility should immediately comply with the CAWMP by installing irrigation equipment to insure adequate storage is maintained in the lagoon. It is strongly recommended that you contact a technical specialist for assistance concerning the deficiencies noted above. Please notify this office in writing on or before June 6, 1997 at the address below as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. Wachovio Bulldn0, Suite 714, FayetteWe �� FAX 91Q-4 "707 North Carollno 28301-5043 Nff C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/10% post -consumer paper Page 2 Mr. Jimmy McKenzie May 12, 1997 If you have any questions concerning this matter, please call Ed Buchan or Bob Heath, at (910) 48&1541. Sincerely, cc: Operations Branch Central -Files Audrey Oxendine - FRO DSW Wilson Spencer - Sampson Co. " NRCS ,9a Kerr T. Stevens Regional Supervisor W STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. AWG100000 ) STIPULATION OF FACTS FILE NO. PC 02-001 Having been assessed civil penalties totaling _ $5,667.55 for violation(s) as set forth in the assessment document of the Division of Water Quality dated, June_4. 2002 ___, 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 4x! _ day of , 2002. ADDRESS TELEPHONE SIGNATURE NN r ic ��ot WA r�RQG Michael F. Easley Governor � William G. Ross Jr., Secretary >_ Department of Environment and Natural Resources Alah W. Klimek, P.E. Director Division of Water Quality Mrs. Frankie McKenzie 1137 White Oak Church Road Clinton, NC 28328 RE: Remission Request McKenzie Farm Farm # 82-650 Sampson County File # PC 02-001 Dear Mrs. McKenzie: October 18, 2002 r This letter is to acknowledge receipt of your request for remission of the civil penalty Ievied against the subject facility. This request will be reviewed, at the next scheduled conference on December 4, 2002, and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 733-5083, ext. 539. Sincerely, Steve Lewis Non -Discharge Compliance & Enforcement cc: Paul Rawls, Fayetteville Regional Supervisor w/attachment Bob Heath, FRO Regional Office w/attachment Central Files File # PC 02-001 w/ 3 attachments XPWI NCD£NR Customer Service: !Nailing Address: Telephone (919) 733.5083 Location: 1-M-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier *52-01.01 Raleigh, NC 27699-1617 An Equal Opportunity IAfflm►afive Action Employer 50% recycled/ 10% post -consumer paper http: I"o. snr. s fate. nc. us /D411 r Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources D Alan W. Mimak, P.E. Director Division of Water Quality Mrs. Frankie McKenzie 1137 White Oak Church Rd. Clinton, NC 28328 - Dear Mrs. McKenzie: December 6, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Request for Rernission of Civil Penalty Jimmy McKenzie Farm Farm #82-650 Sampson County File No. PC 02-001 In accordance with North Carolina General Statute 143-215.6A(f), I considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of $5,667.55- There are, two options available to you. You may pay the civil penalty assessment or you may present your request for remission to the Committee on Civil Penalty Remissions of the Environmental Management Commission. If you choose to pay the penalty, please make your check nav_able to the Department of Environment and Natural Resources and reference the case number. Send paymt nt within 30 days of your receipt of this letter to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. You or your representative will be allowed approximately five minutes for your presentation. A representative from the Division of Water Quality w-iIl present the case against remission. The Committee on Civil Penalty Remissions will render a final and bindins decision in accordance with NCGS 143B-282. I (c). VXF NCDEM Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623.6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh. North Carolina 27699.1617 State Courier #52-01 -01 Raleigh. NC 27699-1617 An Equal OFportunfty/AftBmairveAclion Employer 50% recycled / 10 : past -consumer paper httpJ/h2o. enrstate.nc. us 10S If you choose to present your request to the committee, please notify DWQ within 30 days of receipt of this letter at the same address as above. Your request will be scheduled on the agenda of the next scheduled committee meeting and you will be notified of the date and time. If a response is not received by the Division regarding this notice, your request will be automatically scheduled on the agenda for an upcoming committee meeting. Thank you_ for your attention to this matter. If you would like a receipt that your check was received, please send it via certified mail. Please contact Steve Lewis at (919) 733-5083, ext. 539 if you have any questions. Sincerely, Alan W. Klimek, P.E. AWKlscl cc: Paul Rawls, Fayetteville Regional Supervisor Bob Heath, FRO Region File x PC 02-001 Central Files 09 n Is Complete items 1, 2, and 3. Also complete Item 4 N Restricted Delivery is desired. H. Print your name and address on the reverse so that We can return the card to you. ■ Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addnm3ed to: - �VI�S• �l�C'� ��..iE I I�C..�cr�' A. Received by (Please Print Cleaq) ! 9/2tgpt.Qeliv�gr C. Signgture - - [l��L- / ]� ❑ Agent X �CGc.�-� ' J, �', - 0 Addressee D. Is delivery address dMeren, f7orn item t? ❑ Yes if YES, enter delivery address below: ❑ No 3. ServiC er .,d Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. a. Restricted Delivery? (Extra Feel ❑Yes 2. Articl umber (C�Opy from service labeo 1j PS Form 3811, July 1999 Domestic Return Receipt 102595 04•M 0952 # pasta[ SeMce CERTIFIED r r a e, 1 cc r ru CO I Postage S cerzdiea Fee Return `nece'el Fee Ln SEJecfserne•+t Reauiredl Ras're:e= ::eiivery Fee tEneer3ef. er^t RecLiredi l l� O Total Postage & Fees S A + is Neme i 'ease'-•: ie. •• } $tree.. i1=: .. of POCr— • .:' ' 71.:._ �}-•� o r" /6 7 warl�'RpG r � y Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director . Division of Water Quality January 15, 2003 Mrs. Frankie McKenzie CERTIFIED MAIL 1137 White Oak Church Rd.-. RETURN RECEIPT REQUESTED Clinton, NC 28328 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Jimmy McKenzie Farm Sampson County Case Number PC 02-001 Dear Mrs. McKenzie: Your request for remission has been placed on the agenda for the February 13, 2003 meeting of the Environmental Management Commission's Committee on Civil Penalty Remissions. The Committee will convene immediately following the close of the regularly scheduled business meeting of the Environmental Management Commission in the Ground Floor Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see enclosed directions). You should arrive no later than 11:00 a.m. The factors to be considered by the Conunittee on Civil Penalty Remissions are whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b) were wrongly 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 the 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. h1CDENR Customer service: !Nailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699.1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled / 10`5 post -consumer paper h ttpYMc- enr. sta te. nc. us /D �/ io- 4. �., You or your representative will be allowed approximately five minutes for your presentation. A representative from the Division of Water Quality will present the case against remission. The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the violator has not been assessed civil penalties for previous violations, and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions. You also have the option of paying the civil penalty of $5,667.55 if you decide not to request remission. if you choose to pay the penalty, please call Steve Lewis at (919) 733-5083, extension 539, so that we can remove the case from the schedule. Please make your check vavable to the Devartment of Environment and Natural Resources and reference the case number. Send payment within 30 days of your receipt of this letter to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you are unable to attend on this date, please notify us at least 10 working days in advance and your hearing will be rescheduled. Exceptions to the 10-day notice will be made in the event of emergency situations. If you have any questions concerning this matter, please feel free to contact me at (919) 733-5083, extension 539. cc: Paul Rawls, Fayetteville Regional Office File PC 02-001 /a 9 Sincerely, Steven C. Lewis AGENDA ITEM: ja3- &:E Reduest for Remission of Civil Penalty by Knightdale MHP Limited Partnership (LM 02-016) Wake County EXPLANATION: On July 31, 2002, Ken Schuster, Division of Water Quality Regional Water Quality Supervisor for the Raleigh Region, assessed a total penalty of $343.93 ($300.00 civil penalty, plus $43.93 investigative costs) against the Knightdale MHP Limited Partnership for violations of NPDES Permit No. NCO040266 and G.S_ 143-215. 1 (a)(6). On September 4, 2002, Harvey Murphrey requested remission and waived the Knightdale MHP Limited Partnership's right to an administrative hearing and stipulated that the facts were as alleged in the assessment document. RECOMMENDATION: The Division of Water Quality opposes any remission or mitigation of the penalty. The recommendation is made for the following reason: 1. The Director considered information submitted in support of the Kniahtdale MHP Limited Partnership's request for remission of civil penalties in accordance with G.S. 143-215.6A(t) and did not find grounds to modify the initial penalty assessment of $343.93. JID AGENDA ITEM. 03 - n4 Request for Remission of Civil Penalty,by Knightdale MHP Limited Partnership (LV 02-287) Wake County EXPLANATION: On July 31, 2002, Ken Schuster, Division of Water Quality Regional Water Quality Supervisor for the Raleigh Region, assessed a total penalty of $543.93 ($500.00 civil penalty, plus $43.93 investigative costs) against the Knightdale MHP Limited Paartnershin for violations of NPDES Permit No. NC0040266 and G.S. I43-215.1(a)(6). On September 4, 2002, Harvey Murphrey requested remission and waived the Knightdale MHP Limited Partnership's right to an administrative hearing and stipulated that the facts were as alleged in the assessment document. RECOMMENDATION: The Division of Water Quality opposes any remission or mitigation of the penalty. The recommendation is made for the following reason: 1. The Director.considered information submitted in support of the Knightdale MHP Limited Partnership' request for remission of civil penalties in accordance with G.S. 143-215.6A(f) and did not find grounds to modify the. initial penalty assessment of $543.93. Cases LM 02-016 & LV 02-287 As the content of the remission requests is identical, remission information regarding these two cases is - being provided only once. Copies of both assessment documents are included in this package. 4 State of North Carolina Department of Environment A4V01 and Natural Resources IA Raleigh Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E. Director CERTIFIED MAIL RETURN RECEIPT REQUESTED NOrmi G►RCUNA Dp�AiiTM�NT or DIVISION OF WATW �Q[7ALITY 11, RcsouRccs Mr. Harvey Murphrey Knightdale Estates MHP, Limited Partnership 808 Eagle Rock Road Wendell, NC 27591 Dear Mr. Murphrey: July 31, 2002 Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit NCO040266 Knightdale Estates Mobile Home Park Case No. LM 02-016 Wake County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $343..93 (300.00 civil penalty + 43.93 enforcement costs) against Knightdale Estates Mobile Home Park WWTP. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Knightdale Estates Mobile Home Park WWTP for the month of January 2002. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0040266. The violations which occurred in January 2002 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Knightdale Estates Mobile Home Park WWTP violated the terms; conditions or requirements of NPDES Permit NCO040266 and N.C.G.S. 143-2I5.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by N.C.G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Kenneth Schuster, P.E., Division of Water Quality Regional Supervisor for the Raleigh Region, hereby make the followin civil penalty assessment against Knightdale Estates Mobile Home Park WWTP: ' r OCT 11-3 1628 Mail Service Center, Raleigh, NC 276994623 - An Equal opportunity Affirmative Action Employer 50% recycledli b% post -consumer papa Knightdale Estates Mobile Home Park WWTP Page 2 $ ZSD For 1 of the violation of G.S. 143-. 215.1(a)(6) and NPDES Permit No. NC0040266, by discharging waste into the waters of the State in violation of permit daily maximum effluent limits for fecal coliform. $ For ! of the failure to monitor for pH in violation of G.S. 143-215.1(a)(6) and the terms of NPDES Permit No. NC0040266. $ 350 $ 14s,g3 $ •�� TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at 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. k- Knightdale Estates Mobile Home Park WWTP Page 3 y Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 MW 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: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 ,j, Knightdale Estates Mobile Home Park WWTP Page 4 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status., directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original. remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. MI; 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office -of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within Ibi* 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. } v, i Knightdale Estates Mobile Home Park WWTP Page 5 Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Raleigh Regional Office at 919-571-4700. 3t (Da e) ATTACHMENTS Kenneth Schuster, P.E. Water Quality Regional Supervisor Raleigh Region Division of Water Quality cc: Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Parame= Fecal Coliform Attachment A Knightdale Estates Mobile Home Park WWTP January 2002 r a.. r 1wil f M- �t i/ offs . . • - - 1 1 Weekly Parameter Location D2ate pH effluent 12/31/01 - 1/4/02 *= limit'violations that were assessed a civil penalty �l d Limit Units 200.0 # / 100ml Location Effluent Number of Insufficient Valdes I L� State of North Carolina Department of Environment and Natural Resources Raleigh Regional Office Michael F. Easley, Governor William G. Ross, Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED NCDENR Nom" Guaouw" DvwarMewr of �IVVIRQNM�HT ANO NmvRAL ResouRces DMSION OF WATER QUALITY Mr. Harvey Murphrey Knightdale Estates MHP, Limited Partnership 808 Eagle Rock Road Wendell, NC 27591 Dear Mr. Murphrey: July 31, 2002 Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit NCO040266 Knightdale Estates Mobile Home Park Case No. LV 02-287 Wake County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $543.93 (500.00 civil penalty + 43.93 enforcement costs) against Knightdale Estates Mobile Home Park WWTP. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Knightdale Estates Mobile Home Park WWTP for the month of February 2002. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0040266. ' The violations which occurred in February 2002 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Knightdale Estates Mobile Home Park WWTP violated the terms, conditions or requirements of NPDES Permit NCO040266 and N.C.G.S. I43-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by N.C.G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of.Environment and Natural Resources and the Director of the Division of Water Quality, I, Kenneth Schuster, P.E., Division of Water Quality Regional Supervisor for the Raleigh Region, hereby make the following;' . -penalty assessment against Knightdale Estates Mobile Home Park WWTP: An Equal Opportunity Affirmative Action Employer 1 � r 0, i T 7. L'v l 20UZ L_. 50% recyc1410% poat-consumer paper Knightdale Estates Mobile Home Park WWTP Page 2 For Z of the Ze violations of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NC0040266, by discharging waste into the waters of the State in violation of permit daily maximum effluent limits for fecal coliform. TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 28 2. 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. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the,attention of: Point Source Compliance/Enforcement Unit Division of Water Quality Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1,20 Knightdale Estates Mobile Home Park WWTP Page 3 w 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: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status., directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. Knightdale Estates Mobile Home Park WWTP Page 4 0 3. Submit a written request for an administrative bearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within IhirLy 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. PIease be advised that any continuing violation(s) may be the subject of a new enforcement'action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Raleigh Regional Office at 919-571-4700. � -'ekl 4 .1� � 3 1 'LCAZ (Date) Kenneth Schuster, P.E. Water Quality Regional Supervisor Raleigh Region ATTACHMENTS Division of Water Quality cc: Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Attachment A Knightdale Estates Mobile Home Park WWTP Parameter Date R=arted Value Llmft i Tniz Fecal Coliform 2/8/02 13800 200.0 # / loom[ Fecal Coliform 2/26/02 6000 200.0 # I I ooml *= limit violations that were assessed a civil penalty 12..3 STATE OF NORTH CAROLINA COUNTY OF WAKE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. NCO040266 ) STIPULATION OF FACTS KNIGHTDALE ESTATES MHP WWTP FILE NO. LM 02-016 Having been assessed civil penalties totaling 343, -111 3 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality Regional Supervisor dated 3 J Mr-2— , the undersigned, desiring to seek remission of the civil penalties, does hePebwiive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the 36 �f�� day of 20e ;— BY ADDRESS d ^_y C 9 7. 77 TELEPHONE ql� - 3�� a led . t STATE OF NORTH CAROLINA COUNTY OF WAKE IN THE MATTER OF ASSESSMENT } OF CIVIL PENALTIES AGAINST } PERMIT NO. NCO040266 ) KNIGHTDALE ESTATES MHP WWTP DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV 02-287 Having been assessed civil penalties totaling ! �.15 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality Regional Supervisor date o 2_ the undersigned, desiring to seek remission of the civil penalties, does h reb waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as'alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of &, 20i:�' �- �'i4 BY U. ADDRESS . sz t &46= )& __64/ 4, /,6LJ_ ) A, ;;ej 7/ TELEPHONE Knightdale Estates MHP Limited 808 Eagle Rock Road Wendell, NC 27591 919-366-2700 August 31, 2002 ,NC. Alan W. Klimek, P. E., Director DENR, DWQ c/o Ms. Coleen Sullins, Chief-DWQ P. 0. Box 29535 Raleigh, NC 27626-0535 Request for Remission Notice of Violation, NPDES Permit N Knightdale Estates MHP Case No. LW 02-287 Wake County Dear Mr. Klimek: . Partnership St; 2"- �; Q` A iTY SECTION We request a remission of the Civil Penalties outlined in the above Notice of Violation from Kenneth Schuster, P.E., based on the information furnished herein. Since you have not been involved in the previous penalties, correspondence, environmental committee meetings and pleadings regarding our facility, I am enclosing copies of correspondence for your review. We purchased Knightdale Estates in 1991 and had NO penalties through June 2000 except for a flow violation which occurred following the big snow storm in late January 2000. Guido Carrara operated our plant in compliance from August 1997 through June 2000 except for the one flow violation. John Boykin's Envirolink operated it from June 2000 to May 2001, ouI of compliance every month. From May 2001 to April 2002 our operators were independents, licensed by your department, but were out of compliance over 50% of the time. In May 2002 we rehired Guido Carrara, G. C. Environmental and since then the plant has been in total compliance again and we expect it will be in compliance hereafter. r •, Mr. Klimek, i cannot say that there is an error in the Notice of Violation but, as Kenneth Schuster said yesterday about the plants operation in general, there could have been a sampling error regarding the fecal. And as has been the case in all the, violations since June 2000, the operators, licensed by your department, have been negligent. Yes, you can say, as we have been told over and over, that we as the Permitee are the ones who are responsible. Please understand that we have been trying our very best to comply with all the rules and laws. But it's as if we are getting the speeding ticket when someone else is doing the driving. So, Mr. Klimek, F am asking you to remit these penalties based on all the information included here, not merely as a black and white decision but a decision based on compassion. As a small family business, we are struggling now trying to pay enormous previous penalties. Your cooperation will certainly be appreciated. Enclosures Sin rely, Betty MWrphrey General Partner i.27 _. Knightdale Estates MHP Limited Partnership 113 East Merlin Drive Knightdale, NC 27545 919-217-1700 July 3, 2000 Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N. C. General Statute 143-215.1(a)(6) and NPDES Permit NC0040266 Knightdale Estates MHP Limited Partnership, WWTP Case No. LV 00-166 Wake County REQUEST FOR REMISSION Dear Ms. Sullins: We request a remission of the Civil Penalty outlined in the above Notice of Violation based on the following uncontrollable circumstances: • During the month of January a history -making record snowfall of 17.90' fell on January 25, 2000. A monthly record snowfall for January amounted to 25.80`. Also during the month of January record low temperatures occurred on January 26, 27, 28 and 29 of 13 degrees,10 degrees, 1 degree and 7 degrees respectively, and continued to fall below freezing through February 11 except for one day. • It is our understanding from our WWTP operator that the influent flow is based on a percentage of the amount of water that is actually used from the well meter. • Even though we encourage our tenants to insulate their water pipes adequately and we discourage their leaving water running to prevent frozen pipes, many of the tenants leave their faucets running without regard to our recommendation. • Please note that during the latter part of January when the heavy snow and low temperatures prevxai led, the fbow wios higher because at the beg innirig of February the tenants were still trying to protect their water pipes. After the weather and temperatures returned to normal, the flow returned to normal also. • Sheets from WRAL-TV Weather Center showing the January Climate Extremes/Records and January and February Weather Observations at RDU, as well as DEM Form MR-1 for January 2000 are enclosed for review. JdZF a 1L • Based on the 8 factors set forth on Page 3 of the Notice of Violation we offer the following responses: 1. We believe 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 to be none. 2. The duration of the violation was only a few days and the gravity very low. 3. There were no negative effects on ground or surface water quantity or quality or on air quality. 4. There has been no cost to the State for rectifying the damage. 5. There was no money saved by noncompliance - our expenses for management, chemicals and electricity remained the some or they were probably higher because of the increased water flow. 6. Theviolation was definitely not committed willfully or intentionally and was merely a result of severe weather. 7. For several years our plant has been operating in compliance with our permit. B. If the Director feels it is necessary to collect the $45.84 for preparation of the hlotice of Violation letter, we will remit that amount promptly upon notification. Please also be advised that although several years ago there were some months when the WWTP was not compliant, we have worked very hard and spent many thousands of dollars to have our plant compliant urrtiI January 2000. Our operator signed the January form and gave an explanation of the non-compliance. Based on the confidence we have had in the operator in the past, when he presented the MR-1 checked "Compliant" in early March 2000 for signature, Harvey did not check the figures on the front. It is now our belief that the operator intentionally made sure that the February MR-1 was personally signed by us as both protection for himself and as a rebuke to us. The NCDOT has surveyed a portion of our mobile home park and unless major changes are made to their plans for the Highway 64 Bypass east of Raleigh, they have advised us that the highway will be taking out this treatment plant. They have recently notified us that no decision has been made as to how they are going to handle the wastewater from our community. However, we reiterate that we are diligently. working to keep this plant in compliance with NPDES Permit N00040266. We believe that the above information establishes that the violation was inadvertent and we will appreciate a remission of the Civil Penalty assessed of $1,000.00. Thank you for your consideration. Enclosures Sincerely, Betty Murphrey Registered Agent /0�9 IKnightdale Estates MHP Urnited Partnership 808 Eagle hock Road Wendell, NC 27591 919-366-2700 May 21, 2001 Ms. Coleen Sullins VIA Certified Return Receipt Water Quality Section Chief Division of Water Quality Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SUBJECT: Notice of Violation and Assessment of CMI Penalty for Violations of N. C General Statute 143-215.1(a)(6) and NPDES Permit NCO040266 Knightdale Estates MHP Limited Partnership, WWTP Case No. LV D 1-074 Wake County REQUEST FOR REMISSION Dear Ms. Sullins: We request a remission of the Civil Penalty outlined in the above Notice of Violation from Kenneth Schuster, P.E. based on the information furnished herein. From August 1997 through May 31, 2000 we had only one violation and that violation was totally weather related: record -breaking snowfall and record -breaking freezing temperatures. We hired a new contractor to manage our wastewater facility beginning June 1, 2000 and since that date we have had several flow violations. Each month I contested to the operators that they were reading the flow wrongly. They responded to me that they sincerely hoped they'were wrong and that I was right. The operators even asked Kent Penny of Wake County to check the readings. However, after the flow_mete[jM installed and calibres, accoa ing-to-the PM meter versus the Prior reading. the recorded flow dropped drastically from the previous readinos. At this point instead of outright admitting that obviously they were in fact reading the flow wrong, the operators spent many man hours walking the property looking for ghost leaks and did not find any anywhere. It must be extremely difficult to admit that the prior readings were incorrect — the flow meter proves that point but it still seems that no one will accept that fact. Enclosed is a list of the flow meter readings since its installation to today's date. You will notice that the averaae flow is .018 MGD, well below the permit limit Following are two k4ters fmm DOT that will explain why we delayed installation of the flow meter. The DOT has already marked our treatment plant to be taken out when the 64 Bypass is constructed. You will notice that the first letter dated March 6, 2000 was an Introductory letter and included the phrase "now ready to begin right of way acquisition" and 'will accomplish the acquisition of your property". After that letter I had several meetings with Sheryl Crouse and her supervisor. At the very first meeting I was told that construction would be under way on our property by summer 2001. We received a map of the proposed roads and interchanges and were told that the DOT was trying to decide what to do about wastewater facilities for our community. 13o .A DWQ, DENR May 21, 2001 Page 2 Then after a couple of months when the DOT stopped contacting us, we spoke with Aydren Flowers and he advised us that the part of the project involving us had,been pushed back. We asked for that in writing and his letter follows also. We have recently hired new operators to manage our wastewater treatment plant. Also enclosed is the revised DMR for the month of November requested by Mr. Schuster. For these reasons, we respectfully submit this Request for RemL%ion of the $1418.46 penalty and enforcement costs, It has always been and continues to be our desire to be in total compliance with the laws, rules, and regulations of our country. Enclosures 131 Sincerely, Harvey Murphrey General Partner Knightdaie Estates MHP i.irnited Partnership 808 Eagle Rock Road Wendell, NC 27591 919-366-2700 July 3, 2001 Ms. Coleen Sullins VIA Certified Return Receipt Water Quality Section Chief Division of Water Quality / Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N. C. General Statute 143-215.1(a)(6) and NPDES Permit NC0040266 Knightdale Estates MHP United Partnership, WWTP Case No. LV 01-188 Wake County REQUEST FOR REMISSION Dear Ms. Sullins: We request a remission of the Civil Penalty outlined in the above Notice of Violation from Kenneth Schuster, P.E. based on the information famished herein. From August 1997 through May 31, 2000 we had only one violation and that violation was totally weather related: record -breaking snowfall and record -breaking freezing temperatures. We hired a new contractor to manage our wastewater facility beginning June 1, 2000 and since that date we have had several flow violations. Each month I contested to the operators that they were reading the flow wrongly. They responded to me that they sincerely hoped they were wrong and that I was right. The operators even asked Kent Penny of Wake County to check the readings. However, after_the flow the prior reading, the recorded flft dMgRed_drasticaltvhombe gmdaus readin . At this point instead of outright admitting that obviously they were in fact reading the flow wrong, the operators spent many man hours walking the property kxAdng for ghost leaks and did not find any anywhere. It must be extremely dtffrcult to admit that the prior readings were incorrect — the flow meter proves that point but it still seems that no one will accept that fact. Enclosed is a list of the flow meter readings since its installation to May 20, 2001. You will notice that the average flow i_f .018 MGQ,, well below the permit limit. Following are two letters from DOT that will explain why we delayed installation of the flow meter. The DOT has already marked our treatment plant to be taken out when the 64 Bypass is constructed. You will notice that the first letter dated March 6, 2000 was an introductory letter and included the phrase "now ready to begin right of way acquisition" and 'will accomplish the acquisition of your property". After that letter I had several meetings with Sheryl Crouse and her supervisor. At the very first meeting I was told that construction would be under way on our property by summer 2001. We received a map of the proposed roads and interchanges and were told that the DOT was trying to decide what to do about wastewater faciiities for our community. /32- bo DWQ, DENR July 3, 2001 Page 2 Then after a couple of months when the DOT stopped contacting us, we spoke with Aydren Flowers and he advised us that the part of the project involving us had been pushed back. We asked for that in writing and his letter follows also. We have recently hired new operators to manage our wastewater treatment plant. A corrected DNIR fbr December 2000 is being furnished tQ Mr. Schuster per his request. For these reasons, we respectfully submit this Request for Remission of the $1518.46 penalty and enforcement casts. It has always been and continues to be our desire to be in total compliance with the laws, rules, and regulations of our country. Enclosures Sincerely, Harvey Murphrey General Partner 133 Knightdale Estates MHP Limited Partnership 808 Eagle Rock Road Wendell, NC 27591 919-366-2700 July 3, 2001 Ms. Coleen Sullins VIA Certified Return Receipt Water Quality Section Chief Division of Water Quality Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SUEUEM Notice of Violation and Assessment of Civil Penalty for Violations of N. C. General Statute 143-21S.1(a)(6) and NPDES Permit NCO040266 Knightdale Estates MHP Limited Partnership, WWTP Case No. LV 01-189 Wake County REQUEST FOR REMISSION Dear Ms. Sullins: We request a remission of the Civil Penalty outlined in the above Notice of Violation from Kenneth Schuster, P.E. based on the information furnished herein. From August 1997 through May 31, 2000 we had only one violation and that violation was totally weather related: record -breaking snowfall and record -breaking free2ing temperatures. We hired a new contractor to manage our wastewater facility beginning June 1, 2000 and since that date we have had several flow violations. Each month I contested to the operators that they were reading the flow wrongly. They responded to me that they sincerely hoped they were wrong and'that I was right. The operators even asked Kent Penny of Wake County to check the readings. However, after The flow meter was installed_and _calibrated, acco i g to the flow meter versus the prior reading, the recorded flow dropped drastically from the previous reading$. At this point instead of outright admitting that obviously they were in fad reading the flow wrong, the operators spent many man hours walking the property looking for ghost leaks and did not find any anywhere. It must be extremely difficult to admit that the prior readings were incorrect — the flow meter proves that point but it still seems that no one will accept that fact. Enclosed is a list of the flow meter readings since its installation to May 20, 2001. You will notice that the pyeraae flow is .018 MGD, well below the permit limit Following are two le ers from DOT that will explain why we delayed installation of the flow meter. The DOT has already marked our beabnent plant to be taken out when the 64 Bypass is constructed. You will notice #hat the first letter dated March 6, 2000 was an introductory letter and included the phrase "now ready to begin right of way acquisition" and "will accomplish the acquisition of your property".. After that letter I had several meetings with Sheryl Crouse and her supervisor. At the very first meeting I was told that construction would be under way on our property by summer 2001. We received a map of the proposed roads and interchanges and were told that the DOT was trying to decide what to do about wastewater facilities for our community. /3� DWO, DENlR July 3, 2001 Page 2 Then after a couple of months when the DOT stopped contacting us, we spoke with Aydren Flowers and he advised us that the part of the project involving us had been pushed back. We asked for that in writing and his letter follows also. We have recently hired new operators to manage our wastewater treatment plant. Regarding the fecal coliform penalty, our former operators did not keep the chlorine contact chamber clear of tray solids which would prevent the chlorine from completely neutralizing the fecal coiiform. I repeatedly asked them to perform this simple task but they were unable or unwilling to do it For these reasons, we respectfully submit this Request for Remission of the $1880.96 penalty and enforcement costs. It has always been and continues to be our desire to be in total compliance with the laws, rules, and regulations of our country. Enclosures 135 Sincerely, Harvey Murphrey General Partner Knightdale Estates MHP Limited Partnership 808 Eagle Rock Road Wendell, NC 27591 919-366-2700 July 3, 2001 Ms. Coleen Sullins VIA Certified Return Receipt Water Quality Section Chief Division of Water Quality Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, North Carolina Z7699-1617 SURIECT: Notice of Violation and Assessment of Civil Penalty for Violations of N. C. General Statute 143-215.1(a)(6) and NPDES Permit NC0040266 Knightdale Estates MHP Limited Partnership, WWTP Case No. LV 01-190 Wake County REQUEST FOR REMISSION Dear Ms. Sullins: We request a remission of the Civil Penalty outlined in the above Notice of Violation from Kenneth Schuster, P.E. based on the information furnished herein. From August 1997 through May 31, 2000 we had only one violation and that violation was totally weather related: record -breaking snowfall and record -breaking freezing temperatures. We hired a new contractor to manage our wastewater facility beginning June 1, 2000 and since that date we have had several flow violations. Each month I contested to the operators that they. were reading the flow wrongly. They responded to me that they sincerely hoped they were wrong and that I was right. The operators even asked (Cent Penny of Wake County to check the readings. However, after the flow meter was installed and calibrated, a=rding to the flow meter versus the prior Mading. the recordCd flow drg2po drastically from the l2LP'yiQUs mclings. At this point instead of outright admitting that obviously #W were in fact reading the flow wrong, the operators spent many man hours walking the property'iooking for ghost leaks and did not find any anywhere. It must be extremely difficult to admit that the prior readings were incorrect -- the flow meter proves that point but it still seems that no one will accept that fact. Enclosed is a list of the flow meter readings since fts installation to May 20, 2001. You will notice that the average flow is .018 MGD. well below the permit limit. Following are two letters from DOT that will explain why we delayed installation of the flow meter. The DOT has already marked our treatment plant to be taken out when the 64 Bypass is constructed. You will notice that the first letter dated March 6, 2000 was an introducbory letter and included the phrase "now ready to begin right of way acquisition' and "will accomplish the acquisition of your property". After that letter I had several meetings with Sheryl Crouse and her supervisor. At the very first meeting I was bold that construction would be under way on our property by summer 2001. We received a map of the proposed roads and interchanges and were told that the DOT was trying to decide what to do about wastewater facilities for our community. / 3(.0 DWQ, DENR July 3, 2001 Page 2 Then after a couple of months when the DOT stopped contacting us, we spoke with Aydren '" Flowers and he advised us that the part of the project involving us had been pushed back. We asked for that in writing and his letter follows also. We have recently hired new operators to manage our wastewater treatment plant. Regarding the fecal coliform penalty, our former operators did not keep the chlorine contact chamber clear of tray solids which would prevent the chlorine from completely neutralizing the fecal coliform. I repeatedly asked them to perform this simple task but they were unable or unwilling to do it. For these reasons, we respectfully submit this Request for Remission of the $1880.96 penalty and enforcement costs. It has always been and continues to be our desire to be in total compliance with the laws, rules, and regulations of our country. Enclosures 137 Sincerely, Harvey Murphrey General Partner Knightdale Estates MHP Limited Partnership 808 Eagle Rock Road Wendell, NC 27591 919-366-2700 November 7, 2001 Mr. Kenneth Schuster, P.E. Regional Water Quality Supervisor 1628 Mail Service Center Raleigh, NC 27699-1628 Subject: Notice of Violation Effluent Monitoring Limit and Monitoring Violations Knightdale Estates MHP Limited Partnership - NPDES Permit NCO040266 Dear Mr. Schuster: This letter is in response to yours of September 25 with the above subject. Upon its receipt on October 8 I requested a corrected letter from Mr. Charles Brown. More than two weeks passed before receiving a partially corrected letter. The correct name of our facility is Knightdale Estates MHP limited Partnership, NOT Knightdale, Estates, Inc. • Our new ORC was not familiar with the running of the plant and the Ammonia Nitrogen average was just slightly above 'the limit. Please be advised that _ although the June average was also elevated, the months of July, August and September have been .008, 1.29, and 3.49, all well below the limit of 4.8. • Daily flows are now being shown on the DMR, effective with the September report. • Our ORC, Dan Brisson has now started to visit our facility 8 days out of 10, 80% of the time, as per the regulation cited in your letter. We respectfully request that your office pardon these minor and unintentional errors. If we can be of additional assistance, please advise. Sincerely, Harvey Murphrey, General Partner cc: Wake County Health Department FA 138 'k Knightdale Estates�MHP Limited Partnership 808 Eagle Rock Road Wendell, NC 27591 919-366-2700 November 7, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality P. 0. Box 29535 Raleigh, NC 27626-0535 Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) - and NPDES Permit NC0040266 Knightdale Estates MHP Limited Partnership Case No. LV 01-390 REQUEST FOR REMISSION Dear Ms. Sullins: We request a remission of the Civil Penalty outlined in the above Notice of Violation from Kenneth Schuster, P.E. based on the information furnished herein. During the month of June 2001 we were still trying to recover from the mishandling of many phases of our plant by the previous operator. One of these mishandled items caused the electrical problem noted on the DMR. During the previous operator's tenure the company consistently tried to operate both blowers at the same time. During this process we burned up one blower and four 5 HP. motors. The plant is designed electrically and mechanically to run only one blower at the time. The electrical panel box had been overloaded so long and so many -times that in June it completely burned up. At that time we had an electrician to replace with new breaker boxes the entire electrical system for both blowers and there were a number of times that the electrical power would be off in shot intervals. Since the panel boxes have been replaced with new ones, new wiring, etc. there have been no more electrical problems until now and we do not anticipate any electrical problems. 139 In addition our new 4RC was still getting familiar with the running of the plant and although the June average for Ammonia Nitrogen 'was elevated, the months of July, August and September have been .008, 1.29, and 3.49, all well below the limit of 4�$. For these reasons, we respectfully submit this Request for Remission of the $1043.93 penalty and enforcement costs. It has always been and continues to be our desire to be in total compliance with the laws, rules, and regulations of our country. CC: Kenneth Schuster, P.E. Sir Harvey Murphrey General Partner / 5eZ� Knightdale Estates MHP Limited Partnership r� 808 Eagle Rock Road Wendell, NC 27591 919-366-2700 April 20, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Gregory P. Thorpe, Ph.D., Acting Director Attention of Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality P. 0. Box 29535 Raleigh, NC 27626-0535 Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit NC0040266 Knightdale Estates MHP Limited Partnership Case No. LV 02-003 REQUEST FOR REMISSION Dear Dr. Thorpe: We request a remission of the Civil Penalty outlined in the above Notice of Violation from Kenneth Schuster, P.E. based on the information famished herein. Please review the notes on the back of the DMR for October 2001, as well as the following information. We really need these fines dismissed because apparently we have had two sets of operators, certified by the State, that cannot run the plant compliant. We as a permit holder did not cause these fines and we cannot solve the problem overnight However, we have now rehired Guido Carrera, GC Environmental, with big bucks fees but right now the plant looks totally different; it looks the way it is supposed to look. 5// La Is the DWQ interested in clean water or are you interested in fines? We are interested in clean water, we do not need any more fines. Please dismiss these fines. We have struggled with operators with no assistance from your department. All we ever got was a list of certified operators and now we have learned that at least one on that list has serious charges for willfully violating DWQ rules. We respectfully submit this Request for Remission of the $2818.93 penalty and enforcement costs. It has always been and continues to be our desire to be in total compliance with the laws, rules, and regulations of our country. If you cannot remit these fines, please call me for an appointment to meet with you in your office. CC: Kenneth Schuster, P.E. i4e'z Sincerely, Harvey Murphrey General Partner 4 Knightdale Estates MHP Limited Partnership 808 Eagle Rock Road Wendell, NC 27591 919-366-2700 February 28, 2002 CERTIFIED MAIL -RETURN RECEIPT REQUESTED Gregory J. Thorpe, Ph. D Attention of Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 SUBJECT: Assessment of Civil Penalties for Violation(s) of NC General Statute(s) 143-215-1 Knightdale Estates MHP, LP ODES Permit No. NC09040266 DWQ Enforcement Case PC 01-028 Wake County REQUEST FOR REMISSION Dear Dr. Thorpe: We request a remission of the Civil Penalty outlined above based on the information fumished herein. Civil Penalty #1 - Failure to properly operate and maintain the wastewater treatment plant on or about January 26, 2001: According to our pennit we are required to employ a certified wastewater treatment plant operator in responsible charge (ORC) of our wastewater treatment facility. As evidenced in the list of woladons In Me "Findings and Decisions and Assessment of Civil Penalties ; obviously the operator on or about January 26, 2001 was the party responsible for failure to properly operate and maintain Me plant. The operators were always saying die Blow was too high. We have had many fines because they were saying the flow was too high which also caused Me solids to wash out of the plant which is absolutely not true proven by flow meter records data after flow meter was installed in February 2oo1. %z/ 3 . .s. After the flow meter was installed, the next month was compliant with flow and has been each and every month. In April there were other problems such as fecal and D.O. By the first of year 2001 we realized our operators were not able to run our plant in compliance with our permit and the governmental rules We began to Cautious - look for reputable operators. That was not an easy task as there are very few certified operators interested in a small plant like ours Civil Penalty #2 - Failure to notify DWQ within 24 hours of the noncompliant event as observed on January 26, 2001: It was impossible for me to report it because the operators did not tell me about it On 1126 I happened to stop by and they had already finished cleaning the o eek and reseeding the plant Civil Penalty #3 - Permitting waste to be discharged into the waters of the State in violation of the daily maximum permitted effluent limit for Total Suspended Residue: the mason the plant was discharging solids into the creek is because of excessive wasting causing the solids to be young and fluty and would not sefiAe After the solids were seen by department personnel then the operators reseeded the plant two to three times at extra expense to us but with the reseeding of old mature solids the plant ran better for a while. Attached is a copy of a letter sent to Kenneth Schuster on May 4, 2001 replying to his letter of March 30 concerning this same event. This letter reiterates the position of Knightdale Estates and I hope you will take the information therein under advisement when considering remission. There are two questions I would like to respectfully ask: 1. On what basis were the enforcement costs of $321.10 calculated? 2. Why did it take from May 200E until February 2002 to assess penalties? Dr. Thorpe, as I have said in every letter of this nature, it has always been and continues to be our desire to be in total compliance with the laws, rules, and regulations of our country. We are just a small family business trying to make it in America and in the State of forth Carolina. We do not try to hide anything and we do the hest we can in every circumstance. I think you will agree that the State seems to strongly resist giving us assistance and at the same time works hard at assessing penalties. With that in mind, what's a poor boy to do? We appreciate that some of the previous penalties were reduced but in every case we have asked for remission, not reduction. Not once have we received remission. However, as this and previous requests for remission have shown, incompetent• operators licensed by the State caused the problems. So it is our opinion that because we have already been penalized more than adequate and many, many more charges incurred because of the operators' incompetence, we would ask for total remission of these penalties. Thank you for your consideration. Attachments Sincerely, Harvey Murphrey General Partner l(/s I 1. INTRODUCTION _ _ DWO Meeting December 13, 2001 2. We are owners and operators of Knightdale Estates Mobile Home Park which is a family partnership. We have been law-abiding citizens for 60 years right here in Wake and Johnston County. 3. For 9 years we ran the wastewater treatment facility with operators being 100% compliant excluding one month. 4. In June 2000 we hired EnviroUnk who operated the plant for 12 months, with all 12 months being non -compliant mostly because of false reading of the flow. 5. After a few months of being non -compliant we started searching for new operators. As you may or may not know, It is an extremely difficult task to find capable operators. 6. During this 12 months not only was the plant non -compliant but the operators were uneducated to the mechanical operation of the plant itself. 7. Because of their lack of knowledge 5 blower motors and 1 blower were burned up and the electrical panel which runs all the equipment literally caught fire and totally burned up which had to be replaced by a complete new panel. 8. Because of all this lack of knowledge we spent thousands of dollars in repairs. 9. Not only were we non -compliant for the 12 months, EnviroLink was paid according to written agreement on time every month as if they were operating the plant in compiance. 10.In addition to this, the wa_ sting process was multiplied many times over normal procedures which cost several more thousands of dollars during this 12-month period. 2 or 3 times we paid to re -seed the plant because the good sludge was hauled away. 11. During this same time frame State personnel came to inspect the plant and found solids flowing into the for which EnviroLink also charged us several hundred dollars for the clean-up process. 12. Many, many times while still looking for new operators we questioned what they did and how they did it and the Regional Supervisor also questioned the hows and whys of the operation of the plant and still nothing changed. 2 13.1 personally would like for there to be a policy for the licensed operators to receive the penalties for violations. I strongly believe this would create much better operators. 14. CONCLUSION 15. For 9 years managing this %duty, there was never a flow violation. 16.Our flow meter was installed and calibrated by Mike Oudaw. The flow meter immediately showed the flow averaging approximately .018 which proves the flow was never non -compliant. 17. After the flow meter was installed and calibrated, inspectors requested the flow meter to be re -calibrated — which we did and it is to this day st ll reading .017. .018 .019 million gallons per day which.is only 70 to 75% of yermitked Mgnthly aygraae. 18. Short Story 13. Without any requirement from the Public Water Supply Section we replaced the older outdated fresh water tank with a new state of the art water tank and pump house facility at a cost of over $20,000 in order to furnish our tenants with the best quality of fresh water. 20. We were advised that we needed equalization tanks at the treatment plant. We hired engineers to study and design an equalization system for the treatment plant. This cost a few more thousand dollars. 21.If approved this system will cost in excess of an additional $15,000. 22. Bottom Line 23. We ask for remission of all penalties and we ask to get approval to construct the equalization tanks so that we can spend our money in such a way that we feel strongly would help to improve water quality instead of paying penalties for false violations. 24. Thank you for your time and consideration. / K7 DWQ Meeting July 2002 Gentlemen, my name is Betty Murphrey and I will appreciate your careful attention to what I am going to say. Knightdale Estates MHP Limited Partnership is a small family partnership, with my husband Harvey and I as general partners and our son and daughter involved with the maintenance and accounting. 1. Regarding Case Number PC 01-028 please consider the following: Civil Penalty #1— According to our permit we are required to employ a wastewater treatment plant operator certified by the State. Obviously the operator in January, 2001, (EnviroUnk, Inc.) was the party responsible for failure to properly operate and maintain the plant. By this time in early 2001 we realized our operators were not able to run our plant In compliance with our permit and the governmental rules. We began to very cautiously look for reputable operators - - not an easy task since there are very few interested in a small plant like ours. We did hire another set of operators who were referred by State personnel. These two operators,.Dan Brisson and Charlie Simpson, work for the City of Raleigh fulltime and alas, although they are certified by the state, were unqualified to run our plant to the permit standards and we have had to change operators again. We have been in complete compliance since we hired our present operator in April of this year, Guido Carerra, GC Environmental. Civil Penalty #2 — It was impossible for us to report the noncompliant event because the operators did not tell us about it. On January 26, 2001 Harvey happened to stop by and the operators had already finished cleaning the creek and reseeding the plant. State personnel had already been to the plant and they did not notify us either. We have been penalized by the State for lack of reporting, yet the State nor County personnel rarely ever have the courtesy to notify us where there is a problem or when they need to visit the plant for inspections. I do not understand that as we have never, ever tried to hide anything and we always try our best to comply with all rules and regulations. Civil Penalty #3 — The reason the plant was discharging solids into the creek is because of excessive wasting — another instance of unqualified operators. l,elg We have written other letters regarding this matter — I will not bore you with reading all of them but I hope you will consider them in your decision regarding this matter. 2. Regarding Case #LV 01-390 please consider the following: During the month of June 2001 we were still trying to recover from -the mishandling of many phases of our plant by the previous operator. One of these mishandled items caused the electrical problem as noted on -the DMR. During the previous operator's tenure the company consistently tried to operate both blowers at the same time. During this process we burned up one blower and four 5 HP.motors. The plant is -designed electrically and mechanically to run only one blower at the time. The electrical panel box had been overloaded so long and so many times that in June it completely burned up. At that time we had an electrician to install new breaker boxes for both blowers and there were a number of times that the electrical power would be off in short Intervals. Since the panel boxes have been. replaced with new ones, new wiring, etc. there have been no more electrical problems until now and we do not anticipate any electrical problems. The reason we have been out of compliance is because of unqualified State certified operators. I know this sounds like a broken record but it is TRUE. The same plant that has been out of compliance several times in the past two years is now running perfectly by G C Environmental. Gentlemen, let me advise you that we are now paying $682 per month to pay off penalties of $8,186.98 previously assessed, wrongly in my opinion. And gentlemen, let me also tell you that we are a small Independent family business in times when the economy is very poor, mobile homes are being repossessed by mortgage companies and moved out of our community monthly. Again, because of the economy mobile homes are not being moved in and we are therefore very short on rental receipts. /�9 We also have mortgage payments to make, utilities to pay, workers to pay, these other fines to pay and we just simply cannot afford to pay any more fines. I am asking you and you and you and you and you and you and you to please vote to dismiss these penalties. Thank you. /.5'l9 ./ EFFLUENT ir NPDES PERMIT NO., ,`' G `f :t s� ' L DISCHARGE NO. r: o ! MONTH J k YEAR .2 i• c: '- FACILITY NAME f t : t ,. r , ri � :.. #- , ,c iT P 4, F CLASS -LL COUNTY' OPERATOR IN RESPONSIBLE CHARGE (ORC) C- k "d o ••� (h k GRADE L PHONE CERTIFIED LABORATORIES (1) 7r, vp T_ _ __ _ (2) CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING S AMPLES G -.r c. 4 • �•• Mail ORIGINAL and 013E COPY to: ATTN- CENTRAL FILES DIVISION OF WATER QUALITY I617 MAIL SERVICE CENTER RALE1GII. NC 27699-1617 (SIGNATUREOFgERATOR IN RESPONSIBLECHARGE) TM TSIGNATURL' I MRTWY THATTAIS REPORT 1S ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE no lk:L ATE DWQ Form NIR-1 (Q 11OQ) / Facility Status: (Please check: one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements ❑ Noncompliant It the facility is noncompliant, please comment on corrective actions being taken in respect to i quipment, operation, maintenance, etc., and a thug -table for improvements to be made. " 1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations" Pcrmittee Address 00010 Temperature 00076 Turbidity 000so Color (Pt -Co') M082 Color (ADM[) 00095 Conducbvity 00300 Dissolved Oxygen 00310 BOD5 00340 COD 00100 pH 00530 Total Suspended Residue 00545 Settleable Matter I(-n,, A+�,.L- r, -j-,i,I--, Nrt t Permit ee (Please print or type) ignature &JPCrmit e" Date (Required) 71 _, f@ L; Phone Number PARAMETER CODES 00556 Oil & Grease 00951 Total Fluoride 00600 Total Nitrogen 01002 Total Arsenic (X)610 Ammonia Nitrogen 00625 Total Kjeldhal 01027 Cadmium Nitroeen 00630 Nitrates/Nitrites 01032 Hezavalent Chromium 01034 Chromium, 00665 Total Phosphorous 00720 Cyanide 01037 Total Cobalt 00743 Total Sulfide 01042 Copper 00927 Total Magnesium 01045 Iron 00929 Total Sodium 01051 Lead' 00940 Total Chloride 01062 Molybdenum 0 0 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum I i 1 T Q' Permit Ern Date 50060 Total Residual Chlorine 01147 Total Selenium 71880 'Formaldehyde 31616 Fecal Colifornt 71900 ,Mercury 32730 Total Phenolics 81551 Xylene 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow Parameter Code assistance may obtained by calling the Point Source Campliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quality Section's web site at h2o.ear.staIc.nc.us/wqs and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. " 09C must Visit faCillty and document visitation of facility as required per ISA NCAC 80.0204. it signed by other than the permittee. delegation of signatory authoritymustmust be on rile with the state per I5A NCAC 2B .0506 (b) (2) (D). /v ty r EFFLUENT NPDCS PERMIT NO. :•` t 0 C' ;F a .A L- N DISCHARGE NO. 0 C I MONTH J u viE - -EAR C t FACILITY NAME Emj+-Jf, Mtte LP CLASSZ COUNTY OPERATOR IN RESPOhS tBLE CHARGE (ORC) &- A'id o : GRADE-Z PHONE CERTIFIED LABORATORIES 1 11_ +r, + I_1 CHECK BOX IF ORC HAS CHANGED 0 PERSON(S) COLLECTING SAN PLES 1,..... Mail ORIGINAL and ONE COPY to: Al-I'M ('ENTR.IL FILES DIVISION OF WATER QUALITY iSIGNATEIRE OF OgERATOR IN RESPONSIBLE CHARGE, 1617 iNL1IL SERVICE CENTER BY THIS SIGNAn!RE. I CERTIFY THAT TIIIS REPORT IS KALEIGII. NC 27609-1617 ACCUXATE AND COMPLETE TOME BE_ti' OF 36tY JLN0VVLEDGF- 4 z Y= S110 0 0IH)10 00400 50060 00310 00610 00530 31616 00.400 0%00 0%6• coax ; vc k: FLOW = f•• � Z 14 C Z Z � L: W { 2 j 's z ^ Z Z G IENTERP►Rx%IEiERrODF:�AOVE NA;Ik ANT UNITS BELOW E£F• ff G { ! IIRSI1IRNl Y;jVN NIGD ° C [ tiiTS ❑ l'cn %IGA. I SIG/L %1G1L p/IWJ.%ILI SIGIL !61GA- NIGA. I a�v_tll.vi 1 I,,;i3� ��I,CI. ILys - Ia-7 o'l A 7 IIU1: ;sii.: 1 V I,GtZ7 a'•a f I I I I I f l,J i� I. J L'. l e.5 Z `f.7 %6 Z. a ;it4tiStl: I .�I JS%iT t. 10 r.� �Q 1. �'' 7 �•�.'j -CIO 77, =l - r3�±11.�• 1 29 --- �� ii 9 1 ?0 � :tJICS AVEILIGE 7 .rl. .1.7 L IF R, V 03 a 3 '�L1SI�lt.?1t C 6.L`' :�': ., .. 'D::. :.?0 A. � o Cow rf)/GrubtG1 G (; ' :' �. .• %toarhh• Limil (< C' ~ N4 E' 9 . Al .+ a7 0 .20 D S. D All A N I AI 1.4r Ai .4 D11'Q Furm AIR -I 10I/(X)) 15--1 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements , Noncompliant If the facility is noncompliant. please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.. and a time -table for improvements to be made. 1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. the information submitted is. to the hest of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for ]Mowing violations." C i v-., •k., tit r* fj 4. P Permittee (Please print or type) 5igaature Permittee** Date (Required) {irt A r L -1_ ; ��i r 3 L Z? �_ �= - v %>r �> 3 Permittee Address Phone Number Permit Exp, Date PARAMETER CODES 00010 Temperature 00556 Oil & Grease 00951 Total Fluoride 01067 Nickel 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver 00080 Color (Pt -Col 00610 Ammonia Nitrogen 01092 Zinc 00082 Color(ADMI) 00625 TotalK3eldhal 01027 Cadmium 01105 Aluminum Nitrogen c 01)5 Conductivity 00630 Nitraies/Nitrites 01032 Hexavalent Chromium 01147 Ttital Selenium W300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 00310 BODs 00665 Total Phosphorous 32730 Total Phenolics 00140 COD 00720 Cyanide 01037 'Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 01045 Iron 38260 MBAS Residue 00929 Total Sodium 01051 Lead 39516 PCBs 00545 SeLdeable Matter 00940 Total Chloride 01062 Molybdenum 50050 Flow 50060 Total Residual Chlorine 71990 Formaldehyde 71900 Mercury 81551 Xylene Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water (Quality Section's well site at h2o.enr.state.nc.us/wtls and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as required per 15A NCAC 80 .0204. ** If signet! by outer than We Permittee. delegation of signatory authority must be on We with the state per 15A NCAC 2B .0506 (h) t�1 iD1. 151 EFFLUENT NPDES PERMIT NO. . �` C: �, D �t 0 a & it DISCHARGE NO. C i I MONTH YEAR FACILITY NAME_ Ij,.atc Cl.ir.*rl Mf+_P L_p CLASS__L_C__COUNTY -OPERATOR [N RESPONSIYLE CIARGE (ORC) GRADE= PHONE_. CHECK BOX IF Oily HAS C1IANGED Q PERSONS) COLLECTING SAMPLES C A J d 1 J C'- Mail ORIGIN. -IL. and ONE COPY to: AT N.(`EN RALFILES DIVISION OF WATER QUALITY I617 jNL1IL SERVICE CENTER F-M.EIGIL NC '.7699-1617 BY THIS SIGNATI,Rt I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO T}TE BEST OF,Nn' 1►NOW'LEDGE. = 7a w 50050 00010 0M00 90060 00310 00610 00530 31616 00300 00600 00665 10cit4' rctca FL(Alk. . x r ,�. " .. z X �- C Z C rz tY' �z .. w L_: Z CSt - v e L 44 _ `• z v _. Z 5 z r. e» ENTER PAR METER CODE AIROVE' NAME AND I'tiITS BELOW EFF INF I- [•- y 1IRS1 TIRS1 YJhr, NIGD C I,NITS C1 I:Gn. NIWL VIGIL NIGH. 81INSIL MG/L SLGIL Nlr:n.. L LSD « o.vS�.. lO 1S.Si 611A5,jl.0 1 . EC-= 1 Ii y .c-fi aI.S7 SILJ 1:0 7,7- Q.;I41- 3 il.iq 1.3.0 l •ii�-- I I.Of3z l .0 r 3 .0 0.3 ftSil��tIt `! I. 0 T aA-' '(,l' I --1 `f a 1. . rd,5 i .l 0 9, R 0,05- 7,' S• ��� I tsi— l .� i (9l "_ 4 U 4 l,J 17 1 ac.C' LI2 r. ! 1, o .. .. C I 3t ;2;43 i.. �, Z 5. 4-r 31 lj,40LI I:13 f _.3,S " AVXJ AGF , o l3 1, 0 I t7, 9d (1,01A. 12, a S. 7 4 3,0j 140.6 9',141 �L►&T:131 .D :.' :: :;? ::: O , .:.::.:' �; ; roK: .a.q ! MIMNIrm : C0 3 V? b, <•7. 0,05' .61 5,4S- ,(.q 3,0q �iC. .3 31S,4 6- . C [- \[onlgk Limit CAl ws - N /} 37 i{, C �v �7 j i J �! A �.! 4 )-t .4 , 14 DWQ Form 111R-i iOl/(N)) .SS Facility Status: (Please check one of the following j 4 All monitoring data and sampling frequencies meet permit requirements El Compliant All monitoring data and sampling frequencies do NOT meet permit requirements ❑ Noncompliant If the facility is noncompliant. please comment on corrective actions being taken in respect to equipment. operation, maintenance, etc.. and a time -table for impruvrments to he made. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information strhtnitted is. to the best of my knowledge and belief, true, accurate. and complete. I am aware that there are significant penalties for sut+mitting false information, including the possibility of fines and imprisonment for knowing violations." Perrnittec Address K)01 t) Temperature 00076 Turbidity 0A 0,,90 color (Pt-Cu ) WO-S= Color (ADNII) �; !JY5 CJneiuCdVit}• 00300 Dissolved Oxygen M310 BOD5 00340 COD 00401) pli 0115;0 Total Suspended Residue (M45 Settleable. Matter k n t c 64-4 ,�c ,<; { j-4w Perminee (Tease print or type) Si inature of rmittee** Date (Required) .� Phone Number PARAMETER CODES 00556 Oil & Grease 0095I Total Fluoride 00600 Total Nitrogen 01002 Total Arsenic 00610 Ammonia Nitrogen 00625 Total K}eldhal 01027 Cadmium Nitrogen 00630 Nitratcs/Nitrites 01032 Hexavalent Chromium 01034 Chromium 0(1tSfi5 Total Phosphorous 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum D-Y V 3 Perntit Exp. Date 5(X)N) Total Residual Chlorine Ol i 47 Total Selenium 71 SSt1 Furmaide-hN-dc 31616 Fecal Coliform 71900 Mercum, 32730 Total Phenolics 81551 aylene 00720 Cyanide 01037 Total Cohalt 34235 Benzene 00745 "Total Sulfide 01042 Copper 34481 Toluene 00927 Toial Magnesium 01045 iron .38260 MBAS 00929 Total Sodium 01051 Lead 39516 PCBs 00940 Total Chloride 01062 Molybdenum 50050 Flow Parameter Code assistance may obtained by calling the Point Source Compliam-riEnforcemeni Unit ai (9191 733-5093 or by visiting the Water Quality Section's web site at rQi,enr.statemc.ns/wgs and linking to the Unii s information pages. Use only units designated in the reporting facility's permit for reporting data. URC must visit facility and document visitation of facility as required per 15A NCAC SG .0204. rw li signed by other than the permittee. delegation of signatory authority must be on file with the state per 15A NCAC 213 .0506 (h) I, IVV . State of North Carolina Department of Environment and Natural Resources i Division of Water Quality a_ Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director W 17 2002 Harvey Murphrey Knightdale MHP Limited Partnership 808 Eagle Rock Rd Wendell, NC 27591 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70001530 0002 2100 4636 'T . a - I, TF?W'A 'A MCDENR EWRONMENT AND NATURAL RESCURC ES Subject: Remission Request of Civil Penalty Assessment Knightdale NMT Limited Partnership Case Numbers LM 02-016 and LV 02-287 NPDES Permit Number NCO040266 Wake County Dear Mr. Murphrey: I have considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and have not found giounds to modify the civil penalty assessments of $343.93 and $543.93. Should you choose to pay the assessed penalties, payment should be tendered to me at the letterhead address within thirty (30) days of the receipt of this letter. Please make checks payable to the Deparu lent of Environment and Natural Resources. You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. The Committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the Committee, and the Division Staff will argue against any reduction of the assessment. Should you choose to present your request to the Committee, please notify me at the letterhead address within thirty (30) days of the receipt of this letter. Your request will be scheduled to be heard on the agenda of the next scheduled Committee meeting, and you will be notified of the 1617 Mail Service Center, Raleigh, N. C. 27699-1617 Telephone 919-733-SO83 Fax 919-733-%12 An Equal Opportunity Affirmative Action Employer SO% recycledl10% post -consumer paper 1-S*7 date and time. If the Division does not receive a response regarding this notice, Division staff will automatically place your case on the agenda for an upcoming Committee meeting. If you have any questions about this letter, please contact Vanessa Manuel at 919n33-5083, extension 532. Thank you for your cooperation in this matter. Cc: Raleigh Region WQ Supervisor ��rocmre���'�l04 Central Files Sincerely, Alan W. Klimek, P. E. .1s Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources t7 -1c Alan W. Klimek, P.E. Director Division of Water Quality January 15, 2003 Dr. Fred Cunningham CERTIFIED MAIL Northeast Carolina Farms, Inc. RETURN RECEIPT REQUESTED P. O. Box 865 Moyock, NC 27958 RE: Rescheduling of Request for Remission of Civil Penalty Belcross Farm (Farm #15-11)� C EFV EU Camden County Case Number DV 00-029 JAN 2 12003 Dear Dr. Cunningham: .11 t 01_11tAI() This is to confirm that your remission request hearing for the referenced civil penalty has been scheduled for February 13, 2003. The Committee on Civil Penalty Remissions will convene immediately following the close of the regularly scheduled business meeting of the Environmental Management Commission in the Ground Floor Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see enclosed directions). You should arrive no later than 11:00 a.m. If you have any questions, please feel free to call me at (919) 733-5083, extension 539. Sincerely, Steven C. Lewis cc: JIm-Mulligan-Washington Regional Supervisor File # DV 00-029 WXY. NCDENR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52.01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled / 10°S post -consumer paper httpJ/h2o. enr. state. nc. us November 12, 2002 Dr. Fred Cunningham Northeast Carolina Farms, Inc. P. O. Box 865 Moyock, NC 27958 Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality RE: Rescheduling of Request for Remission of Civil Penalty Belcross Farm (Farm #15-11) Camden County Case Number DV 00-029 Dear Dr. Cunningham: neCe 'E'D Nov 15 2002 DWQ-WARD Your remission request hearing for the referenced civil penalty has been rescheduled for December 12, 2002. 1 apologize for any inconvenience that the cancellation of the October remissions hearing may have caused. If you have any questions, please feel free to call me at (919) 733-5083, extension 539. Sincerely, Steven C. Lewis cc: Jffh Mulligan-) Washington Regional Supervisor File # DV 00-029 Customer Service: Mailing Address: Telephone (919) 733-3083 1.877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier 452.01-01 An Equal Opportunity/Affirmative Action Employer 50% recycled / 10% post -consumer paper http://hZo.enr.state.nc. us NCDEMR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Michael F. Easley, Governor -bWQArxRO William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality October 9, 2002 Mr. Joseph Balok Belcross Farm PO Box 416 Moyock, NC 27958 Subject: Notice of Deficiency Animal Compliance Evaluation Site Inspection Belcross Farm Facility No. 15-1 1 Dear Mr. Balok, Enclosed please find a copy of the Compliance Site Inspection (as viewed in the DWQ database) conducted at the referenced facility by the Division of Water Quality from the Washington Regional Office. Please read this inspection and keep it with all other documents pertaining to your animal operation for future inspections. In general, these inspections included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 21.1.0217, Senate Bill 1217, and the Certified Animal Waste Management Plan; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator; (4) the required records are being kept; and (5) there are no signs of seepage, erosion, and/or runoff. The following deficiencies were noted during the inspection: The last soil samples analysis was dated year 2000, with no samples tested during the 2001 calendar year. In accordance with condition III, item 3 of your general permit, you are required to conduct an annual Standard Soil Fertility Analysis, including pH, copper and zinc. Please remember to take soil tests annually. It is also noted that the land owner is not readily forth coming with cropping activities, such as the application of possible commercial fertilizers or time applications. As noted during the inspection it may be possible that a soils test was conducted on the fields which received waste during the 2001 calendar year however any possible copy of the soils test has not been obtained for facility records. It is highly recommended that communication between the animal waste facility operators and the land operators be improved in order for this farm to stay in compliance with it's General Permit. As a reminder, please note the following comments, which are conditions of the Certified Animal Waste Management Plan and the General Permit; therefore, these items must be implemented: cp The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for waste for lagoons/storage ponds must not exceed the level that provides adequate storage to contain 25 year, 24 hour storm event plus an additional foot of structural freeboard. ..... ...... ...... .._........_ _.._.�.__An-analysis-ofthe-liquid-animal-waste-from-the-lagoon-shall-be-conducted-as close to the time of application -as- - practical and at least within 60 days (before or after) of the date of application. This analysis shall include the following parameters: Nitrogen, Phosphorus, Zinc and Copper. cp Soil analysis is required annually. Lime is to be applied to each receiving crop as recommended by the soil analysis. cp The following records are required: off -site solids removal, maintenance, repair, waste/soil analysis and land irrigation records. These records should be maintained by the facility owner/manager in chronological and legible form for a minimum of three years. y Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen &AhD rate for the receiving crop or result in nmoffduring an v given aoplication. cp All grassed waterways shall have a stable outlet with adequate capacity to prevent ponding or flooding damages. The outlet can be another vegetated channel, an earth ditch, stabilization structure, or other suitable outlets. 943 Washington Square Mall Washington, NC 27889 (252) 946-6481 (Telephone) (252) 946-9215 (Fax) Customer Service Page 2 Belcross Farm Facility No. 15-11 It is suggested, not a regukern to keep crop yield information for future use to update your waste management plan. You will need three years of crop yield data before your plan can be updated. The OTC has the duties to ensure that waste is applied in accordance with the CAWMP and General Permit by properly managing, supervising, and documenting daily operation and maintenance. The OIC also has the responsibility to certify monitoring and reporting information. The failure of an OIC to perform his/her duties can result in a letter of reprimand, suspension, of certification, or revocation of certificates. For your information, any swine facility that has a discharge to surface waters of the State will have to apply for National Pollutant Discharge Elimination System (NPDES) permit with the Division of Water Quality, effective January 1, 2001. Thank you for your assistance and cooperation during the inspection. If you have any questions, please contact me at 252-946-6481, ext. 208 or your Technical Specialist. Sincerely, Scott Vinson Environmental Engineer Cc: NCDSWC-WaRO (w/o attachments) Camden NRCS-Bill Blackwell AaRO Files SAV Files i , 'V s � / 1 V 4p���/9� .......... . jl� State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, PhD., Director Dr. Fred Cunningham Northeast Carolina Farms, Inc. P. O. Box 865 Moyock, NC 27958 Dear Dr. Cunningham: A &- "017?915 , 4 7,LA�� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RF-souRCEs April 5, 2002 APR 0 9 2002 RE: Rescheduling of Remission Conference Belcross Farm Farm # 15-11 Camden County File #DV 00-029 Thank you for your call today regarding your schedule conflict with the April I V" remission hearing. Your remission request has been rescheduled for the May 9, 2002 meeting. I will notify you by mail before that date to confirm. If you have any questions, please call me at (919) 733-5083, ext. 539. Sincerely, �.h�.c-- Z�'4 Steve Lewis Non -Discharge Compliance & Enforcement Jim ulligan, Washington Regional Supervisor n Hardison, WARO File # DV 00-029 41failing Address: Telephone (9I9) 733-5083 1617 Mail Service Center Fax '(9I9) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity /Afrntative Action Employer 50.% recycled /10% post -consumer paper hup://h2o. ennstatem cats Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 RECE9VED 1 � MAR 2 1 20E2 State of North Carolina Department of Environment DWQ-WARD and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Dr. Fred Cunningham Northeast Carolina Farms, Inc. P.O. Box 865 Moyock, NC 27958 March 15, 2002 All ram. 19 NCDENR NORTH QkRo INA DEPARTmeb r of EjwRommv,rr AND NATURAL RESOURCES CERTIFIED MAIL RETURN RECEIPT REQUESTED SUBJECT: _ Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Belcross Farm Camden County Case Number DV 01-029 Dear Dr. Cunningham: Your request for remission has been placed on the agenda for a April 11, 2002 meeti of the Environmental Management Commission's Committee on CS ssions. The Committee will convene immediately following the close of the regularly scheduled business meeting of the Environmental Management Commission in the Ground Floor Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see enclosed directions). You should arrive no later than 11:00 a.m. The factors to be considered by the Committee on Civil Penalty Remissions are whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongly 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 the 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. Mailing Address: Telephone (919) 733-5083 Location: 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01 -01 Raleigh, NC 27699-I617 An Equal Opportunity /Affirmative Action Employer 50% recycled / 10% post -consumer paper hap, 11h2o. en r. state.nc. its n You or your representative will be allowed approximately five minutes for your presentation. A representative from the Division of Water Quality will present the case against remission. The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the violator has not been assessed civil penalties for previous violations, and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions. You also have the option of paying the civil penalty of $5,571.72 if you decide not to request remission. If you choose to pay the penalty, please call Steve Lewis at (919) 733-5083, extension 539, so that we can remove the case from the schedule. Please make your check payable to the Department of Environment and Natural Resources and reference the case number. Send payment within 30 days of your receipt of this letter to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you are unable to attend on this date, please notify us at least 10 working days in advance and your hearing will be rescheduled. Exceptions to the 10-day notice will be made in the event of emergency situations. If you have any questions concerning this matter, please feel free to contact me at (919) 733-5083, extension 539. cc: Jim Mulligan, Washington Regional Office File DV 01-029 Sincerely, Steven C. Lewis State of North Carolina � Department of Environment and Natural Resources :` �i� 2U2 Division of Water Quality Michael F. Easley, Governor DWQ-WARO William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Dr. Fred Cunningham Northeast Carolina Farms, Inc. P.Q. Box 865 Moyock, NC 27958 Dear Dr. Cunningham : !•• NCDENR NORTH CAROLINA [DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 7, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Request for Remission of Civil Penalty Belcross Farm Farm # 15-11 Camden County File #DV 00-029 In accordance with North Carolina General Statute 143-215.6A(f), I considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of $5,571.72. There are two options available to you. You may pay the civil penalty assessment or you may present your request for remission to the Committee on Civil Penalty Remissions of the Environmental Management Commission. If you choose to pay the penalty, please make your check payable to the Department of Environment and Natural Resources and reference the case number. Send payment within 30 days of your receipt of this letter to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity /Aff rmatire Action Entploy'er 50% recycled / 10% post -consumer paper http://7i2o. enr. state. tic. us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. You or your representative will be allowed approximately five minutes for your presentation. A representative from the Division of Water Quality will present the case against remission. The Committee on Civil Penalty Remissions will render a final and binding decision in accordance with NCGS 143B-282.1(c). If you choose to present your request to the committee, please notify me at the address above within 30 days of receipt of this letter. Your request will be scheduled on the agenda of the next scheduled committee meeting and you will be notified of the date and time. If a response is not received by the Division regarding this notice, your request will be automatically scheduled on the agenda for an upcoming committee meeting. Thank you for your attention to this matter. If you would like a receipt that your check was received, please send it via certified mail. Please contact Steve Lewis at (919) 733-5083, ext. 539 if you have any questions. Sincerely, cc: Jim Mulligan, Washington Regional Supervisor �phne.Cullom WARO Lyn Hardison, WARO File # DV 00-029 Central Files r; � • l � Y -+� �---- r -t.-. �� State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Dr. Fred Cunningham Northeast Carolina. Farms, Inc. P.O. Box 865 Moyock, NC 27958 Dear Dr. Cunningham: �V5 -7�- " - ATF?W,j NCDENR NORTH CAROL-INA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES December 19, 2001 RE: Remission Request' Belcross Farm Farm # 15-11 Camden County File #DV 00-029 RECEMED DEC 2 0 2001 DWQ-WARD . . This letter is to acknowledge receipt of your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference in January 2002, and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 733-5083, ext. 539. Sincerely, Steve Lewis Non -Discharge Compliance & Enforcement cc: Jim Mulligan; Washington Regional Supervisor w/attachment Lyn Hardison, WARO w/attachment aphne.Cullam, tWARO w/attachment Central Files File # DV 00-029 w/ 3 attachments Mailing Address: Telephone (919) 733-5083 Location: 1617 Mail Service Center Fax (9I9) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled / 10% past -consumer paper hip: //h2o. en r. state, nc. its Northeast Carolina Farms. Inc. P. 0, Box 865, Moyoc (252)435-6930 office(252)435-2387 fax December 10, 2001 Mr- Steve Lewis NCDENR, DWQ 1671 Mail Service Center Raleigh, North Carolina 27699-1617 Dear Mr. Lewis, OEC 17 Cal i WATEF.' QUALITY SECTION Non -Discharge Compliance Enf. In reference to File No. DV 00-029, farm #15-11 we are requesting remission or mitigation of the proposed fine. This problem occurred due to the failure of a pump in the lift station, which caused the lift station to overflow. The pipe that was installed at the request of the local conservation department, located next to the lift station had already been cemented shut prior to this incident. This was done so if the lift station failed no waste would escape from between the buildings. Your sample indicates there was an increased Coliform count where this pipe would have entered the ditch. Since the pipe had been cemented shut we did not consider the possibility waste could reach the ditch. Since the inspection we have spent over $6000.00 redesigning the lift station system. We have designed and installed a special pump that uses a boat propeller to move both wastewater and solids to the lagoon- We have installed an additional pump that serves as a back up to the primary pump and is tied to an alarm that sounds inside the buildings when the second pump turns on but before there is a problem. In addition the site between the buildings has had the top 12 inches of soil removed and composted. It has been replaced with soil and sand. The farm has been inspected twice since this incident and passed with no problems. The pipe that leads to the ditch has been dug up completely eliminating the possibility of any future problems. I would propose to use the money that would be due for the fine to install water nipples in the gestation building that is the primary water source for this lift station. We have done this on three farms in the Gaston, NC area at a cost of $15,000. This has cut our water usage in half and made lagoon management much easier and more able to be planned. I have included a copy of the bill for the first set of equipment excluding labor cost for the water nipples. I would estimate that it would cost $10 per gestation crate to buy and install water nipples. This building has approximately 550 gestation crates, which would make the cost $5500.00. The ultimate plan would be to install nipples in the breeding building, which flows directly to the lagoon, but that would require an additional $5000 and cash flow would not allow that at this time. I have enclosed three pictures of the area in question. Picture #1 is of the general area. You can see the primary pump, which consists, on a five horsepower electric pump that drives a shaft with a propeller attached. It is a 6-inch pipe that contains the propeller. This pump has been very effective in not getting clogged with the solid waste from the buildings. The area around the lift station is clean and dry. Picture #2 is of the primary pump. Picture #3 is of the primary pump in the lift station, along with the back up pump in place. This pump is automatically activated if the level of the lift station exceeds the safe level of the primary pump. An alarm is also activated when this pump is energized. We certainly did not design this system but inherited it when we leased the farm. We have already invested a lot of money on clean up and improvements so that the system can operate properly and efficiently. I hope you will let us invest additional money in improvements instead of a fine. Thank you for your consideration in this matter. Sincerely, �ZZ �� Fred L. Cunningham Ms. D M Northeast Carolina Farms File Number DV 00-029 Farm Number 15-11 Picture #1 Lift Station Area - Primary Pump in Place v .12 -111, v - I Northeast Carolina Farms File Number DV 00-029 Farm Number 15-11 Picture #2 Primary Pump Northeast Carolina Farms File Number DV 00-029 Farm Number 15-11 Picture #3 Primary Pump Pipe - Back Up Pump Hooked to Alarm , STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CAMDEN IN THE MATTER OF ASSESSME`7 ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. NIA ) STIPULATION OF FACTS FILE NO. DV W022 _ Having been assessed civil penalties totaling S5,571.72 for violation(s) as set forth in the assessment document of the Division of Water Quality dated, October 30.2001 _ ., 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 arc as alleged in the assessment document. This the 4Z414_ day of C'2 ✓;t 6 � v--- , 2001. SIGNATU ADDRESS f� i TELEPHONE 2-52- 12/10/2001 12:25 25243523e7 NORTHEAST CARJ_INA = G & M SALES OF EASTERN N.C., INC. 'You,GeT The Beat Plus Cowfaous SBMce Al GAM Safes' TE.EMONa. xgs=t !9t9173.•100 W14OLESALE DISTRI13UTOaS Era n2 .sc+ 5+�.�$ 103 INDUSTRY COURT rAA • 191% 734.2VA L+Q10S80Rd,iJ-C.27531) /am h1910=-3= Pp..-*1 f919+m1.2N0 PLEASE RElIAiT TO: P.O. BOX 171 S • GOLDSBORO, NC 27533-1716 SOLD TO North-East Farms c/o Dr. Fred Guiiningh4m Fa box 865 MOyoc k , NC 27958 a008072 I 11/277/00 I i 023800 @1 . DS 1 2 BB072RH 1300., 0000 1020.0000 180e. 0000 2020.0000 20. Be00 2000. 0000 40$0. {'d00s' 10A0. 060k} I0�d0, 0$0@ 160.00$0 ?Asti 0Z 4 A ET'JRN AfMir"ANCE COPY WIrM rWIMENT TO U/SURC PMOPER 0PEOIT TC YOUR ACCOUNT. TERMS: NET 1S DAYS &-op TO North East Farms c/o Dr. Fred CtenninghaM Po Box 865 Moyock, NC 27958 INSTALL 1003.00001166.12X36G 2.000009 EA i Nipple. 1/2" x36" Galvanized 160t3.00@4l 99.'3J1011 .615000 LA j.Elbow.- 90a--1/2" Galvanized Ward 1000.00001525.12517 2.820000 EA (Waterer, Nipple 475 .000. 00450 207: RC12 1.240000 EA Clarlp. 1/2" Conduit 20. 0000; 99. 441!011 3. 07OOeO EA Fx" .Dope -1/4 p t. 2000. 0090. 2 .300000 EA C1414o." dose 412 4000. 000'0 16tY 2.757. 480000, FT Gram 444ter.250'/rI. € 1000. 0lf00; 99r99077 .3500Q10t EA 'Teo.' PVC 3/4" SxSxFT" f 1000. 0000 99 77551 - .140.000 EA M4-0.ter. Nylon--I1isert-M-Pipe 40.0300 99.351107 .750000 EA ,Tee. Galvanized 1/2" JP Ward 160.000O ti.13774 1.460000 EA LJ--Bott. w/Nut Pka FEB o 7 2001 PO TED MOOii10E C[ xT • GQMMENTS'. - -- -- iM7R1ClLArE tTE 6f 1 f2ti TR AIdfT14 CA .N A► NLAL AUWMM AMEOT�o�e SUCCESGS IS NEVER FINAL.... 1EvrS4.1e uc%r.: W.ANC6 PUT FAILURE CAN D P . W ON PAw1hT5 CA MPT"$fOd% 04CURNNT W-WAYS TRY, TRY AGAIN. j 7KTH,1ANW FlhAVtE u1Af,E 4 We I E Mk"$ WAT "MADE TERMS: rpM s CAS. "rA3 Nut 15 CUSTOMER COPY � ajfC7 TO CAANCE W+7++ Er wlc.g 2.000.00 615.00 2.800.00 2r 480. 00 61.40 600.00 1.920. $0 140. 0R! 30.00 233.60 SALE AST =110. 00 LABOR CHMGES i FREIGHT 3. �50. 00 SALES TAX .00 TOTAL 673.30 AMOUNT RECEIVEO i 15. 153. 80 BALANCE DUE .00 >= 1,r. 153. 00 10 Division of Water, 0 Division of Soil avid WS'ier""Conservation 0 Other'Agency Type of Visit 1E) Compliance Inspection 0 Operation Review 0 Lagoon Evaluation Reason Reason for Visit (D Routine 0 Complaint 0 Follow up 0 Emergency Notification 0 Other 0 Denied Access Facility Number ro No ' t 0 f isne: --perational 0 Below Threshold IJ Permitted Certified C3 Conditionally Certified 0 Registered Date Last Operated or Above Threshold: ......................... Farm Name: .............. ......... County: ..... ....... .............. ....... . ................... . ................ ... . . . ........... .................................... ....... J" Owner Name: ................................................... .... % � IT,". —I Phone ........ 2 7S" g.j ............... . ........................... ....... ....... .............. ; ................................... Mailing Address . ..... ......... .. ....................... ............. I .................. ..... ........................... 1-1 .... ......................... ........................................................... ..... L." FacilityContact: ......................................................................... —.1111c: ................................................................ Plione No: ........ I-- ........ .... ...... I .................. Onsite Representative: ....... . .. Integrator . ........... ....... ........ .. .. .................... .... - - --------------------- ....... -.1 .... j 7)lLr .................. Operator Certification Number: ........ . . ............. .......... .............. ............... . .................. ... ................. ........ Certified Operator:........... Location of Farm: A, [D Swine [] Poultry [:1 Cattle ❑ Horse Latitude Longitude . 11 Design Current Swine Canacitv Ponulation 0 Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean /o7 ❑ Farrow to Feeder ❑ Farrow to Finish C1 Gilts El Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population 10 Layer FE—ID—airy 1 .1 JCI Non-LayerNoy-Dairyl 1[:] Other I I Total Design Capacity Total SSLW Number of Lagoons 10 Subsurface Drains Present ] Area 10 Spray Field Area Holding Ponds / Solid Traps ❑ No Liquid Waste Management System Discharges & Strunin Impactti 1. Is any discharge observed from any part of the operation? [3 Yes El No Discharge originated at: [3 Lagoon C] Spray Field C3 Other a. If discharge is ohservod. was the conveyance man-made'! ❑ Yes E] No h. II'discharve is ohserved. did it reach Water ol'Llie Slatc? (I l'yes. notify DWQ) []Yes []No c. If discharoe is observed. what is the cstinia(Cd no%, in gauniin,! d. Docs disJi'argc bypass a lagoon symcm? (II'ves. no6l'y D%VQ) C] Yes E] No 2. Is there evidence of past discharge from any part of the operation? C] Yes Ej No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? El Yes 11 No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? D Spillway ❑ Yes No Structure I Sil-LICLUrc 2 Structure 3 Structure 4 S(ruc[Ure i Structure 6 Identil'ier: ................................... . ................................... .................................... ..— .............................. ................................... ................................... Frcchoard (inches):? 0-5/0.7/01 Continued ity Number:';,, ;t,: + - Uute of InSpCCtiU11 y. tc. • /'Arejheii arty immediate threats to the integrity or any of the structures observed? (ie/ trees, severe erosion, ❑ Yes No �."; `.::':•: .: ,a.:.. :-:•• seepage, etc.), 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? '"=+4. Yes No (If any of questions 4-6 was answered yes, and ;the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes No 8. Does any part of the waste management system other than waste structures require maintenancelmprovemen t? ❑Yes [P No 9. Do any stuctures lack -adequate, gauged markers with required maximum and minimum liquid level Yes No elevation markings? ;.. - . . ❑ Waste Application ' - 10. Are there any buffers that need maintenance/improvement? ❑ Yes j No 11. Is there evidence of over application? ❑ Excessive Ponding , ❑ PAN ❑ Hydraulic Overload ❑ Yes] No 12. Crop type 13. Do the receiving crops diffe with those deli in the Certified Animal Waste Management Ilan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application? ' b) Does the facility need a wettable acre determination? c) This facility: is pended for a wettable acre determination? ❑ Yes No []Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes J] No 16. Is there a lack of adequate waste application equipment? ❑ Yes � No acquired Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes] No 18. Does the' facility fail to.have all components of the Certified Animal Waste Management Plan readily available? Ye4 No (iel WUP,'checklists, design, maps, etc.) ;, ❑ 19..Does'recard keeping need.improvement? (ie/ irrigation, freeboard; wastelnalysis & soil sample reports) ❑ Yes ❑ No 20.. Is facility not incompliance with any applicable setback criteria in effect at the time of design? ❑ Yes ID No 21:"Did'tite facility fail to have a actively certified operator in charge? ❑ Yes •0 No 22..Fail to notify -regional DWQ of emergency situations as required by General Permit? Yes No (ie/ discharge, freeboard problems, over application) ❑ .t 3..Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes QNo A Does facility require a follow-up visit by same agency? ❑ Yes No '5. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes 0 No 0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. ;omments (refer to ggesti-o- Explain any YES answers and/or'any recommendations or any other comments. Ise drawings of facility to better explain situations. (use additional pages as necessary): ❑Field Copy [I Final �. Notes Reviewer/lnspector Name Reviewer/Inspector Signature: C. ,-¢.. ca, r lCly Date: . l'I //5/ 1.) 05103101 Continued My Number: Date of Inspection orlssues :.'°.:; fjYr.�w',i"•' z1':"' yx,�.. . ^ 25. Does, the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge attor below ❑ Yes ❑ No > liquid level of lagoon or storage pond with no agitation? 27. _ Are there any dead animals nat disposed of properly within 24 hours? ❑ Yes j No 28. Is there any evidence of wind drift during land application? (i.e. residue on'neighboring vegetation, asphalt, ❑ Yes No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? -• ❑ Yes No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary'cover? ❑ Yes ❑ No ` yr' ■ B 5/00 To: Belcross File Fac. # 15-11 Camden County From: L. Hardison Date: February 4, 2002 Mr. Cunningham failed to respond to the Notice of Intent (NOI) in a timely manner. Approximately 53 days after receipt of the NOI, this office received a response and it was explained that the problem was draining of the farm entrance road into the ditch and not the storm drainage adjacent to the lift station. It was clear from C. Dunn's inspection that the PVC pipe located in the storm drainage ditch was used to plug the outlet. The samples that were collected indicated that waste had entered into the storm drainage ditch and in the roadside ditch. It is understood that money has been spent at Belcross to improve the lift station and that is commendable, however it was not until this first penalty that Mr. Cunningham has made any adjustments. The farm continued to stock animals, which ultimately provided an income. It should be noted that during past inspections, Mr. Cunningham has been uncooperative or lacked concern for the environment. Based on the information provided and past inspections, granting remission is not suggested. S1 !'ate of North Carolina j (/ Department of Environment and Natural Resources / Division of Water Quality ` Michael F. Easley, Governor William G. Ross Jr., Secretary Gr y J. Thorpe, Ph.D., Acting Director r. Fred Cunningham Northeast Carolina Farms, Inc. 7958 Dear Dr. Cunningham: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL ftsouRGES December 19, 2001�r��,�F�;� 70 RE: Remission Request' Belcross Farm Farm # 15-11 Camden County File #DV 00-029 This letter is to acknowledge receipt of your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference in January 2002, and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 733-5083, ext. 539. Sincerely, S Steve Lewis Non -Discharge Compliance & Enforcement cc: Jim Mulligan, Washington Regional Supervisor w/attachment Lyn Hardison, WARO w/attachment Daphne Cullom, WARO w/attachment Central Files File # DV 00-029 w/ 3 attachments ,flailing Address: Telephone (919) 733-5083 Location: I617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh. North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunin-lAffi'rniath•eAction Employer 50% recycled l 10% post -consumer paper hrip: /lh?o. en r. state. n c. Its Northeast Carolina Farms. Inc. P. 0, Box 865, Moyock, NC 27958 � (252)435-6930 office(252)435-2387 fax December 10, 2001 Mr. Steve Lewis NCDENR, DWQ 1671 Mail Service Center Raleigh, North Carolina 27699-1617 Dear Mr. Lewis, #SEC 17 2' i WATER QUALITY SECTION Nan -Discharge Compliance Enf, In reference to File No. DV 00-029, farm #15-11 we are requesting remission or mitigation of the proposed Fine. This problem occurred due to the failure of a pump in the lift station, which caused the lift station to overflow. The pipe that was installed at the request of the local conservation department, located next to the lift station had already been cemented shut prior to this incident. This was done so if the lift station failed no waste would escape from between the buildings. Your sample indicates there was an increased Coliform.count where this pipe would have entered the ditch. Since the pipe had been cemented shut we did not consider the possibility waste could reach the ditch. Since the inspection we have spent over $6000.00 redesigning the lift station system. We have designed and installed a special pump that uses a boat propeller to move both wastewater and solids to the lagoon. We have installed an additional pump that serves as a back up to the primary pump and is tied to an alarm that sounds inside the buildings when the second pump turns on but before there is a problem. In addition the site between the buildings has had the top 12 inches of soil removed and composted. It has been replaced with soil and sand. The farm has been inspected twice since this incident and passed with no problems. The pipe that leads to the ditch has been dug up completely eliminating the possibility of any future problems. I would propose to use the money that would be due for the fine to install water nipples in the gestation building that is the primary water source for this lift station. We have done this on three farms in the Gaston, NC area at a cost of $15,000. This has cut our water usage in half and made lagoon management much easier and more able to be planned. I have included a copy of the bill for the first set of equipment excluding labor cost for the water nipples. I would estimate that it would cost $10 per gestation crate to buy and install water nipples. This building has approximately 550 gestation crates, which would make the cost $5500.00. The ultimate plan would be to install nipples in the breeding building, which flows directly to the lagoon, but that would require an additional $5000 and cash flow would not allow that at this time. 1 have enclosed three pictures of the area in question. Picture #1 is of the general area. You can see the primary pump, which consists, on a five horsepower electric pump that drives a shaft with a propeller attached. It is a 6-inch pipe that contains the propeller. This pump has been very effective in not getting clogged with the solid waste from the buildings. The area around the lift station is clean and dry. Picture #2 is of the primary pump. Picture #3 is of the primary pump in the lift station, along with the back up pump in place. This pump is automatically activated if the level of the lift station exceeds the safe level of the primary pump. An alarm is also activated when this pump is energized. We certainly did not design this system but inherited it when we leased the farm. We have already invested a lot of money on clean up and improvements so that the system can operate properly and efficiently. 1 hope you will let us invest additional money in improvements instead.of a fine. Thank you for your consideration in this matter. Sincerely, Fred L. Cunningham Ms. DVM Northeast Carolina Farms File Number DV 00-029 Farm Number 15-11 Picture #1 Lift Station Area - Primary pump in Place A Northeast Carolina Farms File Number DV 00-029 Farm Number 15-11 Picture #2 Primary Pump f at 13 Northeast Carolina Farms File Number DV 00-029 Farm Number 15-11 Picture #3 Primary Pump Pipe - Back Up Pump Hooked to Alarm J STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CAMDEN IN THE MATTER OF ASSESSME`7 ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND PERMIT NO. N/A } STIPULATION OF FACTS FILE NO. DV 00-029 Having been assessed civil penalties totaling _ �5,571.72 _ _ _ for violation(s) as set forth in the assessment document of the Division of Water Quality dated, October 30-2001 _ , 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 w day of `r .c: e ,tic 6 e 2001. 11Z vkx e v I er� SIGNATURt ADDRESS TELEPHONE �L 12/18/2g01 12:25 2524352387 NORT-gr-A5T CA�7_IWA G & M SALES OF EASTERN N.C., INC. 'raJ,Ge: The 0"I Plus Gaudeous SianAcf AI 05M Sales' TELEPNONE: 4-W. g !01q 774-,x2 WHOLESALE DISTRIBUTORS (M EAU+ SA s 103 INDUSTAY COURT FAA • 019i 73 -WA GOLOSSORO, N.C. 27530 On"tv,vf 332-3U7� PLEASE REMIT T0: P.O. BOX 1716 • GOLOSBORO. NC: 27533-171 S SOLD TO North East Farms c/o Dr. Fred Cu111ningham Po box S65 Mayoc k , NC 47958 I 600FJ072 11/27/00 i0238Rl0 1:0, Y ' ` DS 1000..000@ 1000.00E�0 1000.0000 2000.0000 20. 13009 :?Off�0.004i0 are00.00�e 1000. 004�0 160.0040 ��3W 01 c .17�i PervAN ReWir'ANCE coPY w1rr P"IANT TONSURE ff10PER CAJOiT TC 70UR ACCOUNT TERMS: NET IS DAYS SHIP TO North East Farms c/o Dr. Fred Cunningham PC Box 865 Moyock. NC 279S8 2 G8e72RH 1. I INSTALL 1000,0800�166.12X3bG 2.000050 ,Nipple, 1/2" x36" Galvanized 1000. 0000 99.'351 s 11 .6150ie�Cb E16bw.•' 90o- uv, Galvanized ;J.P.Ward 10@0,0gi00 s25.12J17 2.800000 Waterer, Nipple 475 2000. 0000 ; 207. RC12 1.240000 �CIarip ,. 1/2" C.011dILL 9.t 20. 00fd0' 99.441011 3.070000 Pi6.e DoDe -1/4 pt. 2000. 0000 97.42 .300000 Cl;:mR,*-. Hose 412 4000.OeOO 16:,.2757 .480000 Green U&ter.250'/rl 1000. 0000 ! 99; 990.77 r35B000 I Te>a P1/C 3/4" SxSxFT' 100;d. Ql00B 99'755i .140000 40.0300199.3t1107 Addo.ter. Nylon_-Insert-M-Pipe .750000 'Tee'. Galvanized 1/2" JP Ward 1bfd.0080 g2`;.13774 1.460000 l U--Bolt. w/glut Aka FEB 0 7 nOl •RAMC[ CMAAQE �.i GG+MMENTS: i 2PIkM C RATE of 1 "A ?"ONIT"01 AA AN", 1 �ENTPPLIEDTe TT1 7Ll ,:-IcEs 3S IS NEVER FINAL.... I is ae AVPuen i�D Tr1e IGVFSUe VCkTTk3 SALANCJ B t. j T FAILURE CAN B E . Z5 ON P-%VW9NT3 OR I I eEV"FCA04CUAAENr W-WAYS TRY, TRY. AGAIN. 7NT14. OA"U M FIKA14CE WAGE IS We L GLkW MST "MAU TERMS: TNP, 5 CA?& F*C25 NI- t 15 CUSTOMER CQPY ad£C' TO CAMCE WRw R hon10E EA EA EA EA EA F: A FT EA i EA EA EA 2.000.00 615.00 2.800.00 2. 480. 00 61.40 600.00 1.920.00 330.00 140.00 312.00 233.60 POTED SALE AMOUNT LABOR CHARGES i FREIGHT 3.250.90 SALES TAX .00 TOTAL 673.80 AMOUNT RECEIVED 15. 15.3- 130 BALANCE DUE • 0$ f c G Division of Water Quality O Division of Soil and Water Conservation O Other Agency Type of Visit 0 Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit © Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number—�� j j 7 Date or visit: : 11^ 1 rhnr: o Nat O erational O Below Threshold C1 Permitted Q Certified ❑ Conditionally Certified ❑ Registered Date Last Operated or Above Threshold: ......................... FarmName: .............. .....................................................County:..................}t:::........................................ OwnerName: ................................................... .... ...`. PhoneN................ff� .�...�f.,S ........' "Y...r1.................. MailingAddress: ............; ......... ................. �..�. ................................ ....................... ..........'l �.... :�":f'f .......... ......... .,........................ ..... FacilityContact:.............................................................„................Title:................................................................ Pltutte No:................................................... Onsite Representative:...... '........�:' f� ..........C�.... ?.,:.'.................................... Inte' rator:...........L.r.,. 'r ..F:._a.......r'a.� :.... zr...',ff. !, ; Certified Operator: •,,f:L^:............... ........ ' Location of Farm: [] Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude Longitude �• �' �c6 Design Current Swine Canarity Ponulation ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean y7 ❑ Farrow to Feedcr [].Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer ❑ Dairy ❑ Non -Layer I ❑ Non -Dairy ❑ Other Total Design Capacity Total SSLW Number of Lagoons ❑ Subsurface Drains Present 110 Lagoon Area ❑ Spray Field Area Holding Ponds / Solid Traps �� ❑ No Liquid NVaste Management System Dischar�cs S, Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is ohscrved, was the conveyance man-made•, h. Ii'dischar_o is uhservcd. did it reach Watcr vl• the Slat,? ill• ycs• notify DWQI c. II' dischni-oc is observed. what is the estimated flees in �!al/min:' d. Dees hypos; a kik-,00n system? tll'vcs. notil'y DWQ1 ?. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the; State other than from a discharge? 1N'aste Collection & Treatment 4. Is storage capacity (Freeboard plus storm stnra4,e) Icss than adequate? ❑ Spillway Structurc I S111ucturc ' Structure : Structure 4 Structure 5 Idemil'icr:...............................................................................................................,.................... FrecNiard ti:lehcN}: ❑ Yes [L—] No rk ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes 0 No ❑ Yes ❑ No ❑ Yes 0 No Structure 6 05/03/01 Conlinued lity Number:: a. + Date of Ii13pcctio11- Are thereaiiy inttnediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes Noseepage, etc.) Are there structures on -'site which are not properly addressed and/or managed through a waste management or closure plan? • ❑ Yes No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) Do any of the structures need maintenance/improvement? Cl Yes No Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes [] No Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level Yes elevation markings?...,... ❑ [ No Vaste Annlication 0. Are there any buffers that need maintenance/improvement? ❑ Yes ,[ij No 1. Is there evidence of over, application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes .[j No 2. Crop type C 3. Do the receiving crops differ with those dcsign3ted in the Certified Animal Waste Management Qlan (CAWMP)? . ❑ Yes No 4. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 5. Does the receiving crop need improvement? ❑ Yes p No 6. Is there a lack of adequate waste application equipment? ❑ Yes 0 No :cauired Record.,; & Documents 7. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes E No S. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (iel WUP,'chccklists, design ,'' taps, etc.) / ✓ ✓ ❑ Yeq j No 9. Does recard'keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 4. Is facility not in compliance with any applicable setback criteria in effect at'the time of design? ❑ Yes No :1:'Did the facility fail to have a actively certified operator in charge? ❑ Yes •❑ No .2. Fail t0otify"regional DWQ of emergency situations as required by General Permit? (iel discharge, freeboard. problems, over application) ❑ Yes © No 3. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes blNo 4• Does facility require a follow-up visit by same agency? [:1 Yes 'S] No 5. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes 0 No No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. .omments (refer to question #i): Explain any YES answers and/or any recommendations or any other comments. , Ise drawings of facility to better explain situations. (use additional pages as necessary): . ❑Field Copy El Final Notes SOc (i i �prA �j �e +� .4f v+"` ,� �. C/� �. r"R. f:r 1.tJ 01"'tiny - !".arj vy% Y I �" : e, 4 S �-'� � 44JJ ft,r r EllReviewer/Inspector Name �: Reviewer/Inspector Signature: Date: 05103101 Continued ..L%',: clllty Number: �A: — Date of Inspection '1 dor Issues >, -• c: 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge actor below ❑ Yes ❑ No liquid level of lagoon. or storage pond with'no agitation? 27. Are there any dead animals not disposed of properly within 24. hours? ❑ Yes No 28. Is there any evidence of wind drift during land application? (i.e.- residue on neighboring vegetation, asphalt, ❑ Yes j No roads, building structure, andlor public property) 29. Is the land application spray system intake not located near the'liquid surface of the lagoon? ❑ Yes No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes (rj No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? 0 Yes ❑ No 5100 [S-11 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND N/6uRAL RESOURCES October 31, 2001 Williams Farms of North Carolina, Inc. CERTIFIED MAIL Post Office Box 416 RETURN RECEIPT REQUESTED Moyock, NC 27958 RECEIVE Assessment of Civil Penalties for VU Making a Outlet to Waters of the State without a Permit NOV - b 2001 DWQ-WARD Dear Sirs: Farm # 15-11 Camden County File No. DV 00-029 This letter transmits notice of a civil penalty assessed against BeIcross Farm in the . amount of $5,571.72 which includes $571.72 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 provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty - Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Alailing Address: Telephone (919) 733-5083 Location: 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #5 2-01 -01 Raleigh, NC 27699-1617 An Equal Opportunity /Affirmative Action Employer 50% recycled / 10% post -consumer paper hrtp://7z2o.enr.sra1e.nc.us Please submit payment to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2.. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing,_ such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(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 retraining necessary remedial actions. Please submit this information to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Wfl 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a Copy of the petition to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or Mr. Jeff Poupart at (919) 733-5083, ext. 527. Sincerely, effrey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit ATTACHMENTS cc: Jim Mulligan, Washington Regional Supervisor w/ attachments aphne-Cullom, WARO w/ attachments L n Hardison, WARO w/ attachments File # DV 00-029 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CAMDEN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. N/A ) STIPULATION OF FACTS FILE NO. DV 00-029 Having been assessed civil penalties totaling _ _$5,571.72 for violation(s) as set forth in the assessment document of the Division of Water Quality dated, October 30, 2001 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 2001. SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA COUNTY OF CAMDEN IN THE MATTER OF WILLIAMS FARMS OF NORTH CAROLINA, INC. FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT AND VIOLATION OF GENERAL PERMIT AWG I00000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. DV 00-029 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: FINDINGS OF FACT: A. Williams Farms of North Carolina, Inc. (Williams Farms) is a corporation organized and existing under the laws of the State of North Carolina. B. Williams Farms owns and operates Belcross Farm, a swine operation located along US Highway 158 in Camden County. C. Williams Farms was issued Certificate of Coverage AWS 150011 under General Permit AWG100000 for Belcross Farm on April 2, 1999, effective April 2, 1999, with an expiration date of April 30, 2003. This permit does not allow the discharge of waste to waters of the State. D. On October 3, 2000, DWQ staff observed evidence that a discharge of wastewater by Belcross Farm from a lift station had reached an unnamed tributary of Indiantown Creek, which are Class C Sw waters of the State within the Pasyuotank River Basin. E. Williams Farms had no valid permit for the above -described activity. F. Condition No. III. 6. b. of the General Permit requires in part that the Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal waste. G. Williams Farms failed to notify DWQ of the failure of the animal waste treatment and disposal system within the required 24 hours after discovery. H. The cost to the State of the enforcement procedures in this matter totaled $571.72. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Williams Farms is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. An unnamed tributary to Indiantown Creek 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. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. The above -cited failure to report the failure of the waste treatment system violated Condition No. III. 6. b. of the General Permit. E. Williams Farms may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars (S25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143- 215.1. F. Williams Farms may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00) per violation may be assessed against a person who fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-2I5. L G. The State's enforcement costs in this matter may be assessed against Williams Farms pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). H. The Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Williams Farms is hereby assessed a civil penalty of: for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ 00 for violating Condition No. ]II. 6. b. of the General Permit by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal waste $ 571.72 Enforcement costs $_ 5,571, 1.1- TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S. 143B-282. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. (Date) rey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality Moyock, Office (252) 435-6930 - Fax (252)435-2387 Jim Mulligan, Water Quality Supervisor 943 Washington Square Mall Washington, NC 27889 Dear Mr. Mulligan, 3y _Du 4, _WAFT On October 3 Mr. Carl Dunn met Mr. David Oldham at the Belcross farm for a site inspection due to an anonymous complaint on October 1, 2000. At the time we were applying waste to our fields. This application was closely monitored and there was no run off into any ditches. That same weekend I had a road retrenched along the main ditch leading to Highway 158. Our feed truck had made three long deep holes in the road. These holes retained water every time it rained and became deeper. We cut trenches from the holes to the ditch to let the water drain so that they could dry and then be filled with sand and dirt. There was a tremendous amount of water that drained quickly into this ditch. I believe Mr. Dunn found no violation due to waste application and or this road drainage. The lift station in question is in a confined area between two buildings. We have a hard time with rainwater in this area due to the presence of a surface drain 2 to 3 feet from the lift station. NRCS and Soil and Water designed this drain at the time the lift station was built. It is a very poor location but was put in with cost share money and can not be removed. To prevent any incidents we cemented the drain closed and installed a standpipe to prevent any drainage in case of a pump failure. The water surrounding the lift station was rainwater. I have no doubt that in changing pumps (three times) this year some waste has hit the ground but there has not been a general failure of the system that would have been reportable to DWQ. have checked with the farm personnel and no one has pulled the standpipe. If it had been pulled there would not have been water standing around the lift station when Mr. Dunn visited. Mr. Oldham informed me that water samples taken form a ditch may have had higher then normal coliform counts. I have received no results to confirm this. It is worth noting that the drain field for the office septic tank is in the field adjacent to the ditch in question. We have taken action since Mr. Dunn's visit. Mr. David Oldham who at the time of the inspection has written a Sludge removal plan and a contractor has been retained to remove four inches of dirt from around the lift station. A sample of the sludge has been sent to NCDA for analysis. New dirt and gravel will be installed around the lift station. The lift station has had an additional back up pump installed that will only come on in case of the failure of the first pump. An alarm has been installed to sound on the farm if the second pump operates. We are seeking permission to relocate the surface drain so that rainwater will not stand in this area. This will also be accomplished by grading the soil around the lift station. We have always tried to operate within the guidelines of our nutrient management plan. We have notified the state in every instance in the past if we had a question of a discharge or even a building leak that did not reach state waters. 1 can't help but think that the complaint on Saturday October 1 resulted from the draining of the road into the ditch. If you have any questions please let me know. I am sure you are aware that Mr. Oldham has resigned and it has taken longer than I would have liked to respond to your letter. Sincerely, Fred L. Cunningham Ms. M W1R-0 DIVISION OF WATER QUALITY December 7, 2000 TO: Steve Lewis, Environmental Specialist DWQ Compliance and Enforcement THROUGH: Jim Mulligan, Water Quality Supervisor Washington Regional Office VA FROM: Carl Dunn, Environmental Engineer Washington Regional Office SUBJECT: Enforcement Action Belcross Farm Facility No. 15-11 Camden County INTRODUCTION: Belcross Farm is owned and operated by Williams Farms of North Carolina. The facility is located on US Highway 158 approximately one mile east of Belcross in Camden County. The facility has been permitted as a 1240 farrow to wean operation. REPORT: On September 29, 2000 the Washington Regional Office received a complaint of a possible discharge of animal waste from the Belcross facility due to a faulty lift station. Because of limited staff resources within the office aerial reconnaissance of the farm was done on October 2, 2000. The aerial surveillance showed that there was a possibility that the farm did have a problem with the lift station and that ground truth work would need to be preformed. On October 3, 2000 Carl Dunn of the Washington Regional Office conducted a site investigation with Mr. David Oldham, who was the certified operator of the facility. The site investigation revealed that the lift station located between two animal houses used to convey waste to the lagoon had indeed had a failure. A drain used to convey surface water runoff was located within three feet of the lift station. The drain was plugged at the time of the inspection with a PVC pipe. There were signs of watermarks on the lift station and the PVC pipe that indicated that the waste level had risen above the level of the lift station indicating that the lift station had had a recent failure. Also -the watermark on the PVC pipe indicated that the level of waste ponded above the drain had been approximately one foot deep. Waste was still ponded above the drain approximately three to four inches deep. The only outlet for the waste that had been ponded above the drain was to either go through the drain or be pumped back into the now working lift station. Mr. Oldham was not aware of anyone pumping the ponded waste back into the lift station nor was he aware that the PVC plug had been removed from the drain. Samples were collected from within the drainage system and the outlet ditch for the drain. The results of the samples are in the table below. Drain Drainage Ditch Fecal (cold I00ml) 360,000 76,667 NH3 (mg/L) 84 81 TKN (mg/L) 92 100 NO2 plus NO3 (mg/L) 0.08 0.24 Total P (mg/L) 29 25 The results of the samples indicate a presence of animal waste within the drainage system used to carry surface water away from the area around the lift station as well as the receiving drainage ditch. The conclusion from the results is that the lift station had failed and the animal waste released from the failed lift station had passed through the drainage system and entered into the farm's drainage ditches. The drainage ditches on the farm drain to Indiantown Creek and its connecting canals, which are classified as C SW waters of the State. STATE OF NORTH CAROLINA COUNTY OF CAMDEN IN THE MATTER OF Williams Farms of North Carolina, Inc MAKING AN OUTLET TO WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT AND FOR VIOLATIONS OF GENERAL PERMIT AWGI 00000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Williams Farms of North Carolina, Inc. is a corporation organized and existing under the laws of the State of North Carolina. B. Williams Farms of North Carolina owns and operate the Belcross Farm located on US Highway 158 in Camden County. C. Williams Farms of North Carolina was issued Certificate of Coverage AWS150011 under General Permit AWG100000 for the Belcross Farm on April 2, 1999. The permit does not allow for the discharge of waste to waters of the State. D. On October 3, 2000, DWQ staff observed evidence that waste water as a result of a discharge from the Belcross Farm an unnamed tributary of the Indiantown Creek which is classified as C SW waters of the State within the Pasquotank River Basin. E. Williams Farms of North Carolina had failed to report to the DWQ Regional Office a failure of the waste system at the Belcross Farm which is a requirement of the Swine Waste Operation General Permit Condition III.6. F. The cost to the State of the enforcement procedures in this matter totaled $571.72. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Williams Farms of North Carolina 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 G.S. 143-215.10C. C. An unnamed tributary to Indiantown 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), for which a permit is required by G.S. 143- 215.1. E. The above -cited discharge constituted a failure of the animal waste system for which notification to the DWQ Regional Office is required under Swine Waste Operation General Permit Condition 111.6. F. Williams Farms of North Carolina may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty five thousand dollars ($25,000.00) per violation may be assessed against a person for failing to act in accordance with the terms, conditions or requirement of a permit required by G.S. 143-215.1. G. The State's enforcement costs in this matter may be assessed against Williams Farms of North Carolina pursuant to G.S. 143-215.3(a)(9) and G.S. 14313- 282.1(b)(8). H. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Williams Farms of North Carolina is hereby assessed a civil penalty of. $ for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ for failing to notify the DWQ Regional Office of a failure of the animal waste system as required by Swine Waste Operation General Permit Condition III.6. $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ 571.72 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. 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) Kerr T. Stevens, Director Division of Water Quality Animal Operations Inspection Form 1. Date of Inspection: October 3, 2000 2. Regional Office: Washington 3. Name of Property Owner: Williams Farms of North Carolina 4. Name of Operator: David Oldham 5. Address: P O Box 416 Moyock, NC 27958 6. Phone Number: (252) 439-6530 7. Description of facility location: The facility is located on US Highway 158 approximately one mile east of Belcross in Camden County. 8. Date the facility began operation: 1/1/91 9. Date of last expansion: NIA Explain: 10. Has the facility registered with DWQ? Yes If yes, date registered? 12/7/93 11. Does the facility have an approved animal waste management plan? Yes Is one required? Yes Date approved? Last plan approved 12/1/97 12. Has the facility received a CAFO Designation? No If yes, date issued? 13. Type of operation (Examples: swine, farrow to finish, topping, dairy, beef, cattle, poultry, breeders, layers, broilers, turkey production, etc.): 1240 farrow to wean 14. Number and type of animals: 1240 farrow to wean 15. Length of time animals have been, are, or will be stabled or confined and fed or maintained in any 12 month period: The animals are housed for more than nine (9) months in any twelve (12) month period. 16. Are crops, pasture, or post -harvest residues sustained in the normal growing season over any portion of the lot or facility? The facility has an approved waste plan using row crops. 17. Type of waste management (Examples: 1. type of confinement: free stall barns, sheltered or limited shelter dirt lots, paved or dirt open lots, houses, or pasture; 2. type of waste handling: direct spreading in solid form, slotted floor with lagoon or pit, single or multi -cell lagoon, aerated lagoon, land application of liquid manure, spray irrigation, stockpiling, contractor disposal, etc.)? The houses are designed with flush gutter floors for waste flushing to a lift station. The lift station pumps the waste to a lagoon. The lagoon waste water in managed through spray irrigation. 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: none 19. Proximity of facility to neighboring houses, wells, etc.: The closest house is less than one mile away. 20. Approximate depth of groundwater table in the area of the facility or discharge: The groundwater table is approximately one to three feet below surface. 21. Proximity of facility to surface waters (provide name and class of surface waters): The facility has several drainage ditches which drain to Indiantown Creek which is classified as C SW waters of the State within the Pasquotank River Basin. 22. Animal waste discharge including photos and witness' names, addresses, telephone numbers, and statements of fact: Please note the attached photos for your reference. 23. Are pollutants discharged into the waters of the State? If so, How? (directly or by man-made ditch, flushing system, or other similar man-made device): Yes, waste discharged from a failed lift station. The waste then traveled via an underground drainage system used to collect surface water to a drainage ditch. 24. Do or have discharges occurred in response to a storm event of less than a 25-year, 24-hour intensity (if yes, include a brief listing of incidents and suspected causes): Yes, a lift station was not functioning properly and waste overflowed into a drainage system used to collect surface water. 25. What is 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? Waste water has the potential to deplete dissolved oxygen in the affected water body to a point which is harmful to aquatic life. Waste water also contains nutrients which have the potential to spawn algal growth to the point which is harmful to aquatic life. 26. What is the duration and gravity of the violation? The full amount of the discharge in terms of gallons is unknown because the Williams Farms of North Carolina failed to report the incident in a timely manner to the DWQ office. 27. Water Quality Assessment: (Include description of sampling, field measurements, visual observations and slope and vegetative cover of land adjacent to water, extent of rainfall and other factors relative to the likelihood or frequency of discharge of animal wastes and process wastewaters ). The effect on ground or surface water quality or quantity or on air quality. Samples of the flow from the drainage system and the drainage ditch were collected. The results of the samples are contained in the following table. 28. Drain Drainage Ditch Fecal (col./100ml) 360,000 76,667 NH3 (mg/L) 84 81 TKN (mg/L) 92 100 NO2 plus NO3 (mg/L) 0.08 0.24 Total P (mg/L) 29 25 What is the cost of rectifying the damage? The waste was not able to be recovered from the ditch. 29. What is the amount of money saved by noncompliance? The amount of money is unknown, however, more effort should be put into the over site of the operation and developing a back up system for the lift station. This would likely cost some money. 30. Was the violation committed willfully or intentionally? No. Explain: The failure of the lift station was probably accidental however the failure to report to DWQ the failure of the waste system is the responsibility of the operators and this was not done. 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? No prior record. 32. What is the cost to the State for the enforcement procedures? Staff Time (WARO): Oct 3, 2000 ( 8 hrs ) $ 201.84 Enforcement package (8 hrs) $ 201.84 Staff Time (Central Office): $ 100.00 Travel 68.04 Total Cost of Investigation $ 571.72 33. Type or general nature of business? A swine farm owned and operated by Williams Farms of North Carolina 34. What is the violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance (stubbornness)? The certified operator has been very cooperative, however upper management within Williams Farms of North Carolina has been very uncooperative. No response was even given to the NOI sent by this office. 35. Are there mitigating circumstances? None 36. Assessment Factors: a. IWC: 100% b. Receiving Stream: Indiantown Creek c. Damage (YIN - If yes, include report from WRC) 37. Include a copy of any Designation letter signed by the Director. NIA 38. Recommendations made to owner/operator: Williams Farms need to have better over site into the daily operations and train their employees on the requirements of DWQ. A back up system for the lift station would be helpful. 39. Recommendations for further DWQ action (Re -inspect, NOV, Enforcement Action, Designate, etc.): The Washington Regional Office recommends that Williams Farms of North Carolina be assessed a civil penalty for the discharge of animal waste to waters of the State and for the failure to properly notify the DWQ Regional Office of a animal waste management system failure. 40. Other Comments: None DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS TYPE: (DD) CAFO - Discharge Violator: Williams Farms of North Carolina, Inc Address: P 0 Box 416 Moyock, NC 27958 Regional Office: Washington 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: Animal water has the potential to deplete dissolved oxygen in the affected water body to a point which is harmful to aquatic life. Waste water also contains nutrients which have the potential to spawn algal growth to the point which is harmful to aquatic life. 2. The duration and gravity of the violation: The full amount of the discharge in terms of gallons is unknown because the oprators failed to report the incident in a timely manner to the DWQ office. 3. The effect on ground or surface water quantity or quality or on air quality: Samples of the flow from the drainage ditch as well as the drainage system were collected. The results of the samples are contained in the following table. Drain Drainage Ditch Fecal (col./100ml) 360,000 76,667 NH3 (mg/L) 84 81 TKN (mg/L) 92 100 NO2 plus NO3 (mg/L) 0.08 0.24 Total P (mg/L) 29 25 4. The cost of rectifying the damage: The waste was not able to be recovered from the ditch. 5. The amount of money saved by noncompliance: The amount of money is unknown, however, more effort should be put into the over site of the operation. A back up system for the lift station would be helpful. This would likely cost some money. 6. Whether the violation was committed willfully or intentionally: The failure of the lift station was probably accidental however the failure to report to DWQ the failure of the waste system is the responsibility of the operators and this was not done. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: No prior record with this Regional Office. 8. The cost to the State of the enforcement procedures: 9. Staff Time (WARO): Oct 3, 2000 ( 8 hrs ) $ 201.84 Enforcement package (8 hrs) $ 201.84 Staff Time (Central Office): $ 100.00 Travel 68.04 Total Cost of Investigation $ 571.72 9. Type of violator and general nature of business: A swine farm owned by Williams Farms of North Carolina. 10. Violator's degree of cooperation (including efforts to prevent, restore or recalcitrance): The certified operator has been very cooperative, however upper management within Williams Farms of North Carolina has been very uncooperative. No response was even given to the NOI sent by this office. 11. Mitigating Circumstances: None. 12. Assessment Factors: a) IWC:100% b) Receiving Stream: Indiantown Creek c) Damage YIN: If yes, include report from WRC. No 13. Include a complete Animal Operations Inspection Form 14. Include a CAFO Designation Letter for the Director's Signature (will be sent to violator with the assessment). NIA rA Division of Envwronmental Management CHAIN OF CUSTODY RECORD For Investigation of 1.✓i�i�o.�s �'��� rBIJMWQ I OCT - 6 2060 iAhDn •--I Samples collected and DKI forms completed by: Only ELab'No. Station. No. Station Location Date Time No. of Bottles } } 0 170.,..E>+ to-3-o? 13!SS Rel_n uishe by( ature): eived b gnatur : D to / Time Rel Rec by Rel Rec by Rel Rec by (Lab) / Method of Sh vnent: I Security Seal by: _ nme and Condition: bock by: Broken by: Omen bv: LAB USE ONLY .. . . - IF !'g33Time � C111� Division of Environmental Management CHAIN OF CUSTODY RECORD For Investigation of . _ L✓i jk� cG—s f�1,�, F-••^ _ Samples Collected and DHI forms completed by: ' b Otil}i Lab'No. Station. No. Station Location Date Time No. of Bottles I3: S 0 2. V� �I tee., .. kr3 -ov 13' S0 2 I Relinquished by�(Si ature): (sAga re - Da-e / Time ! el Rec by 1 Rel Rec by ? Rel Rec by (Lab) Method of Shipment: I Security* Seal bp: Type and Condition: Lock by: rOpen Broken by,: bv: TAR TTSF MTN Lab No. From Through No. Containers Analysis Relinquished b Received ki Date Time I� DIV SI N _F For Lab Use ONLY U U ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM tDM1) OUNTY Cti.^ n PRIO1111V SAMIAX TYPE + RIVER BASIN r 3 ":A hn� ❑AMBIENT ❑ QA ill STREAM ❑ EFFLUENT REPORT TO: ARO FRO MRO RRO(WeR WIRO WSRO TS AT BM ❑ Other ❑COMPLIANCE ❑ EMERGENCY ® CHAIN OF CUSTODY LAKE ❑ ESTUARY ❑ INFLUENT Shipped by. Bus Caurler, Staff !the Lab N mb r: Q a 6 S 7 t-I-� )b Date leceived. a {Time: Rec'd by: f'u1 L I From: Bus -Courier -Band Del DATA ENTRY BY; _[1_ CK DATE REPORTEDDATE REPORTED: �D�/�� COLLECTORN: 1/" -A 'A Estimated 80D Range- STATION LOCATION:. 0-5/5-25/25-65/40.130 100 pl —— {1 •-- - —• Seed: Yes ❑ No El Chlorinated: Yes ❑ No ❑ REMARKS: ��+ �r S !✓ 1� [. Station # Dale Begin ( ly/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample T�y-,-,p`e� (J (� 1 {� O 3 �� , tl U �� A H L T 5 8 C 0 GNxx 1 BODS 310 / mg/i 2 COD High 340 mg/1 3 ICOD Low 335 mg/l 4 / Coliform: MF Fecal 31616 00ml 5 Coliform: MF Total 31504 /loom] 6 Coliform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Strep 31673 /loom, 8 Residue: Total 500 mg/1 9 Volatile 505 mg/I 10 Fixed 510 mg/1 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/I 13 Fixed 540 mg/1 14 PH 403 units 15 Acidity to pH 4.5 436 mg/1 16 Acidity to pH 9.3 435 mg/1 17 Alkalinity to pH 8.3 415 mg/i 18 Alkalinity to pH 4.5 410 mg/1 19 TOC 680 mg/l 20 Turbidity 76 NTU Chloride 940 mg/1 Chi a: TO 32217 ug/I Chi a: Corr 32209 ug/I Pheophytin a 32213 ug/I Color: True 80 Pt -Co Color. -(PH ) 83 ADM[ Color; pH 7.6 82 ADMI Cyanide 720 mg/l Fluoride 951 mg/I Formaldehyde 71880 mg/1 Grease and Oils 556 mg/I Hardness Total900 m0/1 Specific Cond. 95 uMhos/em2 MBAS 38260� mgA Phenols 32730 ug/I Sulfate 945 m9/1 Sulfide 745 mg/I NH3 as N 610 mg/I TKN as N 625 mgA NO2 plus NO3 as N 630 m9A P: Total as P 665 mg/I PO4 as P 70507 mg/1 P: Dissolved as P 666 mgA CdCadmium 1027 ugA Cr•Chromium:Total1034 USA CuCopper 1042 ug/I NI -Nickel 1067 ug/1 Pb-Lead 1051 ug/I 2n-Zinc 1092 ugA Ag liver 1077 ugA A] -Aluminum 1105 ug/I Be -Beryllium 1012 ug/I Ca -Calcium 916 mg/I Co -Cobalt 1037 ug/I Fe -Iron 1045 ugA LI-Lithium 1132 ug/I Mg-Magnealum 927 mg/I Mn-Manganese 1055 ug/l Na-Sodlum 929 mg/1 Areenic:Total 1002 ugA Se -Selenium 1147 ug/I Hg-Mercury 71900 USA Organochlorine Pesticides Organophosphorus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoptankton Sampling Point Conductance at 25 C Water Temperature 40 D.O. mgA pH Alkalinity Acidity Air Temperature 00 PH $3 pH 4.5 pH 4.5 pH 8.3 2 94 10 300 . 400 • 82244 431 82243 182242 20 Salinity % Precipition On/day) Cloud Cover % Wind Direction (Deg)Stream now Severity Turbidity Severity Wind Velocity M/H can Stream Depth ft. Stream Width ft. 480 45 32 36 1351 1350 35 64 4 DM]/RevliL d 10/86 DIVISION OF ENVRCI INMFNTAI MANA['FMrNT W "'I r 1 I' fnr dab Uae_ONLY_, _ _ �I AI. I 1 I1.1.11 I.AII I I11(It1 ililN I I L�' "` t�e �1 COUNTY PRIORITY SAMPLE TYPE RIVER BASIN P ai s i w r• ❑AMRIENT ❑ �jj ❑ REPORT TO: ARO FRO RO RRb eR0 WIRb WSIt(1 TS QA Idl STREAM Err1.ULNT AT BM ❑COMPLIANCE ® ❑ Other CIIAIN LAKE ❑ INFLUENT ❑ OF CUSTODY ❑ ESTUARY Shipped by: Bus Courier. Staff, the(D r L _ EMERGENCY r Lab Numbet: V Date Received: q 0L� 0 O Time: : 30 Rec'd by: _ryk/ Q j 'From; Bus-Courler-liand Del DATA ENTRY BY: oS CK: y� DATE REPORTED: d STATION LOCATION: Estimated BOD Range: 0-5/5-25/25-65/40-130 i100 plu - — Seed: Yes ❑ ❑ No ❑ REMARKS: �✓! (M r• f j !JJ a�i ❑ No Chlorinated: Yes _ Station # Date Begin (yy/mm/rid) Time Begin Date End Time End Depth DM D8 DBM Value Type Composite Sample Ty e dQ l O 03 + c l J A H L T S 8 C GNxX 1 BODS 310 D mg/f 2 COD High 340 m9/1 3 COD Low 335 mg/I 4 Coliform: MF Fecal 31616 • IOQml 5 Coliform: MF Total 31504 /100ml 6 Collform: Tube Fecal 31615 /100m1 7 Coliform: Fecal Strap 31673 /100m1 8 Residue: Total 500 mg/t 9 Volatile 505 mg/I 10 Fixed 510 mg/1 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/I 13 Fixed 540 mg/I 14 pH 403 units 15 Acidity to pH 4.5 436 mg/1 16 Acidity to pH 9.3 435 mg/1 17 Alkalinity to pH 8.3 415 mg/I 18 Alkalinity to pH 4.5 410 mg/I 19 TOC 680 mg/1 20 Turbidity 76 NTU Chloride 940 mg/I Chi a: TO 32217 ug/l Chi a: Corr 32209 ug/I Pheophytin a 32213 ug/I Color: True 80 Pt -Co Color:(PH j 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/I Fluoride 951 mg/I Formaldehyde 71880 mg/I Grease and Oils 556 mg/1 Hardness Total900 mg/I Specific Cond. 95 uMhos/cm2 MBAS 38260 mg/1 Phenols 32730 ug/i Sulfate 945 mgA Sulfide 745 mg/1 N113 as N 610 m9A TKN as N 625 mg/1 NO2 plus NO3 as N 630 mgA P: Total as P 665 mg/1 PO4 as P 70507 mg/1 P: Dissolved as P 666 mgA CdCadmlum 1027 USA Cr-Chromiurrr:Totaf 1034 ug/I Cu-Copper 1042 ug/1 NI -Nickel 1067 ug/1 Pb-Lead 1051 ug/I Zn-ZInc 1092 ue/1 AgAllver 1011 USA AI -Aluminum 1105 ug/1 Be -Beryllium 1012 ag/I Ca-Calclum 916 mgA Co -Cobalt 1037 ug/I Fe -Iron 1045 ugA Ll-Lithium 1132 ugA Mg-Mmgneslum 927 mg/I Mn-Manganese 1055 ug/1 Na-Sodium 929 mg/I Arsenic:TotaI 1002 ug/I Se -Selenium 1147 ug/I Hg-Mercury 71900 ugA Organochlorine Pesticides Organophosphorus Pes"es Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankton ;Sampling Point 3 Conductance at 25 C Water Temperature D.O. mqA pii Alkalinity Acidity Air Temperature IG PH 8.3 pH 4.5 pH 4.5 pH 8.3 2 94 10 300 . 400 • 82244 1431 82243 182242 20 Salinity % Precipition On/day) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity M/H can Stream Depth ft. Stream Width ft 480 145 32 36 1351 1350 35 64 4 DMI/Revised 10/86 ' DIVISION OF WAIFE12 QUALrn' Chemistry I-ahoralon Report/Water Qoaliry SAMPLETYPE COUNTS- CAMDEN PRIORITY RIPER BASIN: AMBIENT QA S1REAhS EFFLIII?NI' REFORTTO WARD RegionalOirce COMPLIANCE CHAIN OF CUSTODY LAKE INFLUENT 01hrr : EMERGENCY VISIT Ill ESTUARY COLLECTOR(S) : DUNN L D l_abNumbcr YW8180 Date Receeved 7 10/4/2000 Trmc Received'. SAS AM Received By : 1 A Dara Released : �o�ao AR Date Reported: 10/20/2000 Estimated BOB Range: Station Location: DOWNSTREAM Seed: Chlorinated: Remarks: - Station 4 Date Begin Oylmmfdd) Date End ()Ilmm/dd) Time Begin Time End Depth - D11I, DO, DBh1 Value Type - A. 11, L. Composi[o-T, S, B Sample Tape D 20001003 1 1 1100 BOD 310 mg/L COD High 340 mg!L COD Lain 335 mg/L Coliform: MF Fecal31616 /100ml Coliform: MF Toust 31504 /loom[ Coliform; tube Fecal 31615 / 100m1 Coliform: Fecal Strep 31673 /looml Residue: Total 500 mg/L Volatile 505 m /L Fixed 510 mg/L Residue: Suspended 330 mg!L Volatile 535 m ,/L Fixed 540 m /L H 403 units Acidity to pit 45 436 n,£ I. Acidity to p118.3 435 In ,, L Alkalinityto PH8.3415 mg.,L Alkalinity to PH 4.5 410 mg/L TOC 68o m : L Turbidity 76 NTU Coliform Total Tube "/100 mis COMMENTS: Chloridc940 m /L Chl a: -1-ti 32217 u /L Chl a: Corr 32209 u /L Pheo h -tin a 32213 u L Color: True 80 C.U. Color. (H ) 83 pH= C.U. Color. tiff 7.6 82 C.U. Cyanide 720 m /L Fluoriae951 m /L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness T'rual 900 m 11. 5 >ni[ic Cond. 95 umlms/c1112 WAS 33260 m /L I'liewls 3273n U r 1. 11111.11C 945 In •" I. Sulhdc 745 m /L Boron Tannin & Li in u /L Htxavalcni Chromium u /L X N113asN610 81 m /L X TKN an N 625 100 m /L X NO2 plus NO3 as N 630 0-24 m /L X P: Total as P 665 26 mg/L. PO4 as P 70507 m /L P. Dissolved as P 666 m /L K-Potassium mg/L Cd-Cadmium 1027 u /L Cr-C'hromium:Total1034 u L Cu- Copper 1042 u /L Ni-Nickel 1067 u /L 14r Lcad 1051 a 11. 'Ln-'Li;w ItP)2 u /L V-Vanadium u /L A-Sit%cr:W7 ug'I AI- Altimisam, 11115 Ile- Boyllium 10 12 u /L Ca- Calcium 916 In/L Co- Cobalt 1037 tr/L Fe- Iron 1(145 ti/L ! 11� LJ L9 U U I� OCT 2 4 2000 Li -Lithium 1132 u • L Mg- Magnesium 927 mF.,L Mn-Manganew1055 us, L Na- Sodium 929 m ; L ArsenicTotal1002 u /L Se, Selenium 1147 u /L Hg- Mercury 71900 u /L Ba_Badum u /L Organochlorine Pesticides Organo hos horns Pesticides Acid Herbicides Base/Ncutral&AcidExtracrable Organics 'I PI 11)ecscl Rangr Purgeable Organks (VOA bottle rc4df TPH Gasolene Range TPH/BTEX Gasoline Range Phytopl..kion DIVISION OF RATER QUALITY Chemistry tAbora(ery Report I Water Qualify w-1 s-A-mnE_TY.1'E COUNTY CAMDEN 11102RITX RIVER BASIN: ;� AMBIENT 0 QA El SIRFAM EJ EFFLULNI' REPORTTO WARO Regional01fice O COMPLIANCE XQ CHAINOFCUSTODY LAKE INFLUENT Other ❑ EMERGENCY VISIT ID ESTUARY COLLECTOR(S) : DUNN I U Lab Nurnbcr Y W8181 Date Received : 10/4/2000 Dmc Received: 8:15 AM Received [iv IN jC: �o1ao AR Date Reported : 10120/2000 Estimated BOD Range: Station I.acatian: UPSTREAM Seed: Chterinated: Remarks: Station R Dale Begin (yylmm1ddl Date End (yy/mm/dd) Time Begin Time End Deplh - DAI, DR, DDAI Value Type- A, 11, L Compasile-T, S, B Samplt Type U 20001003 I1pp BOD310 mg? L COD High 340 mg/L COD Loa' 335 mg/L Coliform: M F Fecal 31616 / 100mI Coliform: MF Total 31504 / 100ml Coliform: tube Feral 31015 /I(xlml Colifor I Mal StFrp 31673 / I0Um1 Residue: Total 500 m /L Volatile 505 m /L Fixed 510 mg/L Residue: Suspended 530 mgiL Volatile 535 m /L Fixed 540 m /L H 403 units Acidity to PH 4.3436 mg, L Acidity To pH 8.343i /L Alkalinity to EH 8.3 415 m /L Alkalinity to pil4.3410 m /L TOC680 m /L Turbidity 76 NTU Coliform Total Tube "/100 mis COMMENTS Chloride 940 /L Chl a: Tri 32217 u /L Chi a: Carr 32209 u / L P h)tin a 32213 u /L Color. True BD C.U. Colon { r11 1 83 plim c,u, Color: pf1 7.6 82 C.u, Cyanide 720 m /L Fluoride 951 m /L Formaldehyde 71880 m /L Grease and Oils 556 m /L Hardms To(al900 m /L Specific Cond. 95 umhos/Crn2 MBAS39260 m 1L Phenols 31730 upt Sulfate 945 m 1 L Sulfide 745 m /L Boron Tannin & Lignin u /L Hexavalent Chromium u /L M x NH3 as N 610 84 m /L X TKN an N 625 92 m /L x NO2 plus NO3 as N 630 0.08 m /L X P: Total as P 663 29 m /L PO4 as P 70507 m /L P: Dissnlved as P 666 m /L K-Potassium In/L Cd-Cadmium 1027 u /L Cr-Chromium:Total 1034 u /L Cu- Copper 1042 u /L Ni-Nickel1067 u /L Pb- Lead 1051 a -L Zrs-Zinc 1092 u /L V-Vanadium u /L Ar, Silver 1077 a-1L Al -Aluminum 1105 u +L Be- Bervllium 1012 u /L Ca- Calcium 916 m /L Co- Cobalt 1037 u /L Fe- Iron 1045 u /L OCT 2 4 Z000 Li -Lithium 1132 u /L Mg- Magnesium 927 m / L Mn-Man rise 1055 u /L Na- Sodium 929 m IL ArseniCTotal1002 u /L Sc-Scleniurn 1147 u /1, I I - Mercury 719OU u /L Ba Barium u /L anoehlorine Pesticides Organophosphorus Pesticides Acid Herbiddes Base/Neutral&Acid Extraclable Qy2nics 1'PII Diesel anec Pur able nits (VOA bottler 'd) TPH Gasoline Range TPHiBlEX Gasoline Range Phytpl..kton r 1Akf\© State of North Carolina Department of Environment and Natural Resources James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Williams Farms of NC, Inc. P 0 Box 416 Moyock, NC 27958 A" NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 18, 2000 Subject: Notice of Recommendation of Enforcement Belcross Farm Facility Number 15-11 Camden County Dear Sirs: This'ietter is to notify you that the Washington Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the violation of North Carolina General Statute 143-215.1(a)(1) for discharging animal waste in waters of the State without a permit and for the violation of Swine Waste Operation General Permit Condition III.6. for not reporting to the DWQ Regional Office a failure of a component of your waste collection system. The Belcross Farm is located on Highway 158 approximately one mile east of Belcross in Camden County. The Belcross Farm is permitted to operate as a 1240 farrow to wean facility. An inspection of the facility was conducted on October 3, 2000 by Carl Dunn of the Washington Regional Office. Evidence was found to show that the lift station used to transfer waste from animal houses to the waste lagoon failed to operate properly resulting in a discharge of animal waste to waters of the State. If you have an explanation for these violations, as well as any corrective action taken, that you wish to present, please respond in writing to the Washington Regional Office within ten (10) days after receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. 943 Washington Square Mall, Washington, NC 27889 Telephone 252-946-6481 Fax 252-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Mike Nixon January 21, 2000 Page 2 1f you have any questions concerning this matter, please contact me at (252) 946-6481, ext. 212 or Carl Dunn, Environmental Engineer, at (252) 946-6481, ext. 208. Sincerely, irte�rQluality an Supervisor cc: Compliance/Enforcement Group Central Files Camden County NRCS P Hooper - DSWC WARO Hooper ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: WILUTAMS FARMS OF NC INC PO BOX 416 MOYOCK NC 27958 A. Received by (Please Print ign X S ig JI . )iv � > D. Is delivery adds different from Rem`' If YES, enter delivery address below: 3. Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery {Extra Fee) ❑ Yes 2. Article Number (Copy from service label) y i . It s ; ; ; i y � i i PS Form 3811, July 1999 Domestic Retum Receipt 102595 99-M-1789 ZWQ UNITED STATES POSTAL SERVICE "t 4 ' First-Ciass Mail - Postage & Fees Paid USPS Permit No. G-10 • Sender; Please print your name, address, and ZIP+4 in this box • North Carolina Department of Environment & Natural Resources Division of Water Quality 943 Washington Square Mall Washington, North Carolina 27889 01 11 lil11111111i1111111111itilt III 1111111111di11I1lit III III I11I Microsoft TerraServer Print Page Page I of 2 Microsoft TerraServer LA�jpiay -Oukxdge JSGS T-)I)o Map 11 km NE of Elizabeth City, North Carolina, United States oi iui 1985 USGS ------ ----- 4. litt p, Hterraserver. microsoft, com/printimage. asp? S= 14&T=2&X= 124& Y= 12 5 7&Z= t 8&W=2 12/7/00 of r DIe^. GIs^ . 1aw��� _ , a C ` C I 000 'N/NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES November 22, 2000 Williams Farms of North Carolina, Inc. PO Box 416 Moyock NC 27958 Subject: Designation of Operator in Charge Facility: Belcross Farm Facility ID#: 15-11 County: Camden Dear Farm Owner: DIVISION OF WATER QUALITY Nov 2 7 2000 '3v _DWQ BRA Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was enacted by the 1996 North Carolina General Assembly. This legislation requires the owner of any animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000' or more sheep, or 30,000 or more confined poultry with a liquid waste management system, to designate a properly certified Operator in Charge (OIC). 15A NCAC 8F .0201(a)(2) requires the owner of such a system to designate a new OIC within 30 days of a vacancy of the OIC position. On November 17, 2000, the Water Pollution Control System Operators Certification Commission received a letter from David Oldham stating that he resigned as OIC of your facility effective November 17, 2000. Please complete and return the enclosed Operator in Charge designation form to the WPCSOCC, 1618 Mail Service Center, Raleigh, N.C., 27699-1618 within 30 days from the date of this letter. Failure to designate an Operator in Charge is a violation of N.C.G.S. 90A47.2 and 15A NCAC 8F .0201(a) and may result in the assessment of civil penalties. If you have any questions, please contact me at 919-733-0026, extension 313. Sincerely, Beth Buffin Technical Assistance and Certification Unit cc: Non -Discharge Compliance/Enforcement Unit Washington Regional Office Central Files Enclosure WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION 1018 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-IGIB PHONE 019-733-0026 FA% 919-733-1338 AN EQUAL OPPORTUNITY / APPIRMATFVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER -=M ANIMAL WASTE MANAGEMENT SYSTEM OPERATOR IN CHARGE DESIGNATION FORM ANIMAL WASTE MANAGEMENT SYSTEM: Belcross Farm Facility ID Number: 15-11 County: Camden OPERATOR IN CHARGE Home Mailing Address city Certificate # Work Phone State Social Security # Home Phone Zip. Signature Date BACKUP OPERATOR (Optional): Home Mailing Address City State Zip Certificate # Social Security # Work Phone Home Phone Signature Date OWNER Mailing Address City State Zip Telephone# Signature Date Please Mail to: WPCSOCC Division of Water Quality 1618 Mail Service Center Raleigh, N.C. 27699-1618 Division of Rnvir r)=ental ?'.enageament CF :S OF CUSTODY FFCDPD For Investigation of L✓i 1 'o r ���� Y r . ••: Samples collected and 1W.1 form =pleted by: Tab Only j Lab -ND. Station.T No. Station Location Date Time j Nu. of j Bottler. i C P.enq uishe% by ature) : Received by (Signature) : Date / Time lRel Rec by Rel I Rec by Rel Rec by thod of Sh±Dment: Me- Saal bv: Broken by: Security Tv -De and Condition: Eck by: Open bv: UB LISE ONLY Lab No. Prom Throu h No. Containers Aaalvsie Relinouished by Received by Date / Time E I f I DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORTS (DM1) Cat N-�Q-� COUNTY PRIORITY SAMPLE TYPE `' ' RIVER BASIN 4 5 ��r y ` ^ ^� ❑AMBIENT ❑j ❑ REPORT TO: ARO FRO MRO RR WaRO IRO WSRO TS QA I/� STREAM EN EFFLUENT ❑COMPLIANCE ❑ LAKE ❑ OthererAT Other LOI CHAIN INFLUENT For Lab Ilse ONI-V Lab Number: Date Received: Time: Rec'd by: From: Bus -Courier -hand Del DATA ENTRY BY: CK: OF CUSTODY Shipped by: Bn Courie , Staff. Other ❑EMERGENCY ❑ESTUARY DATE REPORTED: COLLECTORIS): l✓ i^ h✓1 STATION LOCATION: LAIP 5 `Q r' Estimated ROD Range: 0-5/5-25/25-65/40-130((Jr 100 piu — — Seed: Yes Yes El No © Chlorinated: Yes[] No ❑ REMARKS: Station #f Date Begin lyy/mm/dd) I Time Begin Date End Time End De4th DM DB DBM Value Type Composite Sample Type ,A 0 0 j 0 o 3 h� �JU A H L T S B C� GNXX 1 HODS 310 mg/I 2 COD High 340 mg/I 3 COD Low 335 mg/I 4 Collform: MF Fecal 31616 /100-1 5 Coliform: MF Total 31504 /100ml 6 Collform: Tube Fecal 31615 /100ml 7 Collform: Fecal Steep 31673 /100ml 8 Residue: Total 500 mg/I 9 Volatile 505 mg/1 10 Fixed 510 mg/1 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/I 13 Fixed 540 mg/I 14 pH 403 units 15 Acidity to pH 4-5 436 mg/I 16 Acidity to pH 8.3 435 mg/1 17 Alkalinity to PH 8.3 415 mg/1 18 Alkalinity to pH 4.5 410 m9/1 19 TOC 680 mg/I 20 Turbidity 76 NTU Chloride 940 mg/I Chi a: Tri 32217 ug/1 Chi a: Corr 32209 ug/1 Pheophytln a 32213 ng/I Color: True 80 Pt -Co Color:(pH ) 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/I Fluoride 951 mg/I Formaldehyde 71880 mg/1 Grease and Oils 556 mg/I Hardness Total900 mg/l Specific Cond. 95 uMhos/cm2 MBAS 38260 mg/I Phenols 32730 ug/I Sulfate 945 m9/1 Sulfide 745 mg/I NH3 as N 610, m9A TKN as N 625 , mg/l NO2 plus N031as N 630 mgA P: Total as P 665 mg/1 PO4 as P 70507 mgA P. Dissolved as P 666 mgA . I Cd-Cadmium 1027 ug/1 Cr-Chromlurn:Total1034 USA Cu-=opper1042j u9/1 NI -Nickel 1067 ug/1 Pb-Lead 1051 • ng/I Zn-ZInc 1092 - ug/1 Ag-Silver 1077 ug/I A] -Aluminum 1105 ug/l Be-BerylIium 1012 ag/I Ca-Calclum 916 m9A Co -Cobalt 1037 ugA Fe-lron 1045 USA LI-Llthlum 1132 ugA Mg-Magneslum 927 mg/1 Mn-Manganese 1055 ug/1 Na-Sodium 929 mg/I Arsenic -Total 1002 ug/l Se -Selenium 1147 ugA fig -Mercury 71900 ug/1 Organochlorine Pesticides Organophosphmvs Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankton Sampling Point % Conductance at 25 C Water Temperature D.O. m%4 pH Alkalinity Acidity Air Temperature 10 pH 83 pH 4.5 pH 4.5 pH 8.3 2 94 10 300 10 400 1• 82244 431 82243 182242 20 Salinity S Preclpition (in/day) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity M/H can Stream Depth ft. Stream Width ft. 490 45 32 36 1351 1350 35 64 4 Dhil /llevi-wd Arts: $-�ri:..:.:'.:.•.fVT WATER QUALITY FIELD -LAB FORM (DM1). y� C4 40-^ COUNTY`+. PRIORITY SAMPLE TYPE RIVER BASIN k39tia'�^� []AMBIENT j� EI REPORT TO: ARO FRO MRO RRO Wa p IRO WSRO TS QA IL7 STREAM EFFLUENT AT ❑COMPLIANCE � ❑ LAKE ❑ INFLUENT Other et CHAIN ❑EMERGENCY OF CUSTODY ❑ESTUARY Shipped by: BCourseus , Staff, Other For Lab Use ONLY Lab Number: Date Received: Time: Rec'd -by:—' From: Bus -Courier -Hand Del DATA ENTRY BY: CK: DATE REPORTED: COLLECTOR S)-- _ _��t+n✓S STATION LOCATION: Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus Seed: Yes ❑ No ❑ Chlorinated: Yee ❑ No ❑ REMARKS: Station # DateBegin (yy/mm/dd) Time Begin Date End Tlme End Depth DM DU DBM]Value Type Composite Sample T Q 0 10 c231 woo A H L T S e CGNXX :] 1 BODS 310 mg/I 2 COD High 340 mg/l 3 COD Low 335 mg/1 4 Collform: MF Fecal 31616 /100ml 5 Collform: MF Total 31504 /loom] 6 Coliform: Tube Fecal 31615 /100ml 71 Collform: Fecal Strep 31673 /loom] $ Residue: Total 500 mg/l 9 Volatile 505 mg/l 10 Fixed 510 mg/l 11 Residue: Suspended 530 mg/l 12 Volatile 535 mg/I 13 Fixed 540 mg/1 14 ipH 403 units 15 Acidity to pli 4.5 436 mg/I 16 Acidity to PH 8.3 435 mg/1 17 Alkalinity to pH 8.3 415 mgA 18 Alkalinity to pH 4.5 410 mg/l 191 1 TOC 680 mg/l 201 1Turbidity 76 NTU Chloride 940 mg/l Chi a: Tri 32217 ug/l Chi a: Corr 32209 ug/l Pheophytin a 32213 ug/I Color: True 80 Pt Co Color:(PH ) 83 ADM[ Color: pH 7.6 82 ADMI Cyanide 720 mg/l Fluoride 951 mg/l Formaldehyde 71880 mg/l Grease and Oils 556 mgA Hardness Total900 mg/l Specific Cond- 95 umhos/cm2 MBAS 38260 mall Phenols 32730 ug/1 Sulfate 945 B29A Sulfide 745 mg/l NH3 as N 610 mg/1 TKN as N 6251 mg/1 NO2 plus NO3 as N 630 mg/1 P: Total as P 665 mg/1 PO4 as P 70507 mg/l P: Dissolved as P 666 mg/l Cd-Cadmium 1027 ugA Cr-Chromium:Tam11034 ugA Cu-Copper 1042 ug/1 NI -Nickel 1067 ugA Pb-Lead 1051 og/I ZmZinc 1092 ugA A Ilver 1077 ug/l AI -Aluminum I105 ug/1 Be -Beryllium 1012 ug/I Ca-Calclum 916 mgA Co -Cobalt 1037 ug/1 Fe -Iron 1045 ugA Li -Lithium 1132 u9/1 Mg -Magnesium 927 mg/1 Mn-Manganese 1055 ug/l Na-Sodium 929 mg/l Arsenic -Total 1002 ug/l Se-Seienlum 1147 ug/I Ng -Mercury 71900 ug/I Organochlorine Pesticides Organophosphorus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankton Sampling Point X Conductance at 25 C Water Tempemture P D.O. mg/l PH Alkalinity Acidity Air Temperature (C) PH8.3 pH4.5 pH4.5 pH8.3 2 94 10 300 • 400 1• 82244 431 82243 182242 20 Salinity S Preclpition QnMay) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity M/H can Stream Depth fL Stream Width ft. 480 45 32 36 1351 1350 35 64 14 DF1) /nevi*rd NCDENR NORTH CAROLINA DEPARTMENT Or ENVIRONMENT AND NATURAL RE9OURCE9 DIVISION OF WATER QUALITY WASHINGTON REGIONAL OFFICE WASHINGTON, N.C. 27889 Phone:252-946-6481 FAX:252-946-9215 TO: � aV)'A a l j � o w1 FAX NO. 2 -I S 23 FROM: cG r ]� U -n DATE: 0 ! 2- 0U NO. OF PAGES (INCLUDING COVER): COMMENTS: 943 Washington Square Mall, Washington, NC 27889 1mg pi.,.. _ .mL NT WATER QUALITY FIELD -LAB FORM (DM I) COUNTY CG 4e1 PRIORITY 1 SAMPLE TYPE,� i ��� (I RiVM BASIN ❑AMBIENT ❑ Q .. + 51 t' IST EAIK ❑ EFFLUENT REPORT TO: ARO FRO MRO RRO Wn O IRO WSRO TS „ # ;� j Otherer ❑COMPLIANCE 0 CHAIN ❑ LAKE ❑ INFLUENT Other OF CUSTODY Shipped by: Bus Courie , Staff, Other [:)EMERGENCY❑ 13STUARY Fnr tab Ilce ONLY Lab Number:yj r Date Recelved: Time: Reed� b. . � From: Bu ou r-Hand Del DATA ENTRY BY: CK: DATE REPORTED: COLLECTOR(5): L,.-,' K STATION LOCATION: !./ n Estimated ROD Range: 0-5/5-25/25-65/40-130 or 100 plus Seed: Yes ❑ No Chlorinated: Yes ❑ No ❑ REMARKS: ate BeginF ( /mm/dd) Time Begin Date End Time End th DM DB DBM Value Type 0 0 f '0 . 03 1� eo o t I - De p— A H L 1 1 BOD5 310 mg/1 COD High 340 mg/1 2 1 3 COD Low 335 mg/1 4 CoIiform: MF Fecal 31616 /loom] 5 Collform: MF Total 31504 /loom[ 6 Collform: Tube Fecal 31615 /IOOml ., Collform: Fecal Strep 31673 /l0oml 8 Residue: Total 500 mu'. 9 Volatile 505 mg/1 10 Fixed 510 mg/l 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/l 13 Fixed 540 mg/l 14 pH 403 units 15 Acidity to PH 4.5 436 mg/I 16 Acidity to pH 8.3 435 mg/1 17 Alkalinity to pH 8.3 415 mg/l 18 Alkalinity to pH 4.5 410 mg/1 19 TOC 680 mgA ,,,, Turbidity 76 NTU Chloride 940 mg/1 Chi a: Tr] 32217 ug/] Chi a: Carr 32209 u9A Pheophytin a 32213 ug/I Color: True 80 Pt -Co Color:(pH ) 83 ADM] Color- pH 7.6 82 ADMI Cyanide 720 mg/1 Fluoride 951 mg/l Formaldehyde 71880 mg/l Grease and Offs 556 mgA Hardness Total900 mgA Specific Cand. 95 UMhos/cm2 MBAS 38260 mg/] Phenols 32730 ugA Sulfate 945 mg/1 SuIflde 745 mg/1 NH3 as N 610 U19A TKN as N 625 mg/1 NO2 plus NO3 as N 630 M911 P: Total as P 665 mg/1 PO4 as P 70507 m2A P: Dissolved as P 666 mgA CdCadmium 1027 ugA Cr-Chromlum:Tota11034 ugA Cu<kipper 1042 no/] NMtckel 1067 ag/l Pb-Lead 1051 USA Zn-Zinc 1092 ugA A"Ilver I077 ugA Al -Aluminum 1105 ug/1 Be -Beryllium 1012 ug/1 CaCalclum 916 mgA Co -Cobalt 1037 - USA Fe4roa 1045 u9/1 Composite Sample T T S B C GNXX LI-Lithium I132 USA Mg -Magnesium 927 mg/I Mn-Manganese 1055 ug/l Na-Sodium 929 mg/1 Arsenir.Total 1002 ugA Se -Selenium 1147 ug/1 Hg-Mercury 71900 ug/I Organochlortne Pesticides OrgWKq*KWPh UZ Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankton Sampling Point Conductance at 25 C Water Temperature D.O. mgA 1>H Alkalinity Acidity Air Temperature 00 PH 83 pH 4.5 pH 4.5 pH 8.3 2 94 10 300 • 400 f. 82244 1431 82243 162242 20 Salfnity X Preclpition On/day) Cloud Cover X Wind Direction 03eg) Stream Flow Severity Turbidity Severity Wind Velocity MM can Stream Depth It.Stream Width ft.480 145 132 36 1351 1350 35 64 14 DMI/Revlsed 10/86 DIVISION OF ENVIRONMENTAL MANAGEMENT ER QUALIT [ FIELD -LAB FORM (DM1) COUNTY CG ��� PRIOR TN OF 4s `� ' E RIVER BASIN U TYPE _ IN � 't S ��* � �+� �l i ` REPORT '70: ARO FRO MRO RR WaRO' IRO WSRO TS ❑AMBIENT ❑ QR ST EAM ❑ EFFLUENT AT BM ❑COMPLIANCE 10 CHAIN ❑ LAKE ❑ INFLUENT Other OF CUSTODY Shipped by: Bu Courie Stali, Other ❑ EMERGENCY ❑ ESTUARY COLLECTORIS): Q Cn h ✓1 Estimated BUD -Range: 0-5/S-25/25-65/40-130 r 100 pier Seed: Yes ❑ No❑ Chlorinated: Yes ❑ No ❑ STATION LOCATION: `' ` 54 REMARKS: ! ! r^'^S f elI''A Lab Number: Date Received: Time: Rec'd by::]:)! j From: Bu_ Courie Nand Del DATA ENTRY BY: CK: DATE REPORTED: Station # � p Date Begin (yy/mm/dd) Time Begin Datc End Time End Depth DM DB DBM Value Type Composite Sample'iy e V` (9O iO o3 Woo A H L T S B CGNXX 2 COD High 340 In 3 COD Low 335 mg/l 4 Collform: MF Fecal 31616 /100m1 5 Collform: MF Total 31504 /loom[ 6 Colfform: Tube Fecal 31615 /100ml 7 Collform: Fecal Strep 31673 /loom1 8 Residue: Total SW mg/l 9 Volatile 505 mg/l 10 Fixed 510 mg/l 11 Residue: Suspended 530 mg/l 12 Volatile 535 mg/l 13 Fixed 540 mg/l 14 PH 403 units 15 Acidity to pH 4.5 436 mg/1 16 Acidity to pH 8.3 435 mg/1 17 Alkalinity to pH 8.3 415 mg/l 18 Alkalinity to pH 4.5 410 mg/l 19 TOC 680 In 20 Turbidity 76 NTtI Chloride 940 mg/1 Chi a: Tri 32217 USA Chi a: Corr 32209 ug/i Pheophytin a 32213 ug/1 Color: True 80 Pt -Co Color:(pH ) 83 ADM[ Color: pH 7.6 82 ADM] Cyanide 720 mg/l Fluorkie 951 mg/l Formaldehyde 71880 mg/I Grease and Oils $56 m9/1 Hardness Total900 mg/I Specific Cond- 95 uMhos/cm2 MBAS 38260 mg/i Phenols 32730 ugA Sulfate 945 mg/I Sulfide 74S mg/1 NH3 as N 610 mg/I TKN as N 625 mg/I NO2 plus NO3 as N 630 mgA P: Total as P 665 mgA PO4 as P 70507 mg/l P: Dissolved as P 666 mgA CA -Cadmium 1027 USIA CrChromium:Totat 1034 USA Cu-Copper 1042 ag/I NMIckel 1067 ugA Pb-Lead 1051 ugA Ztt-Zlnc 1092 USA A alver 1077 ngA AI -Aluminum 1105 ugA Be -Beryllium 1012 ug/1 Ca-CaIclum 916 mall CO -Cobalt 1037 Ug/I Fe -Iron 1045 ugA LI-Llthlum 1132 ug/1 Mg-Magneslum 927 mg/l Mn-Manganese 1055 ug/1 Na-Sodlum 929 m9/1 Arsenic:Total 1002 ug/1 Se -Selenium 1147 ug/l Hg-Mercury 71900 ug/1 Organocblorine Pesticides Organophowhorus IA+ &Wes Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankton Sampling Point Conductance at 25 C Nater Temperature D.O. mg/1 rhi Alkalinity Acidity Air Temperature (C) PH 83 pH 4.5 pH 4.5 pH 9.3 2 94 i0 300 • 400 1• 82244 431 82243 182242 20 Salinity % Preclpition On/day) Cloud Cover M Wind Direction Meg) Stream Flow Severity Turbidity Severity W Ind Velocity M/H can Stream Depth fL Stream Width ft. 480 45 32 36 1351 1350 35 64 4 DMl/Revlsed 10/86 DIVISION OF ENVIRONMENTAL MANAGEMENT April 13, 1994 MEMORANDUM TO: Kent Wiggins, Supervisor Facility Assessment.Unit rs THROUGH: Jim Mulligan, Regional Supervisor Washington Regional Office THROUGH: Roger K. Thorpe,Water Quality Supervisor Washington Regional Office FROM: Scott Jones, Environmental Technician Water Quality Section, WARO SUBJECT: Concentrated Animal Feeding Operation Mike Duncan Swine Operation - Belcross Farm Camden County INTRODUCTION: The purpose of this memo is to request that the Mike Duncan swine operation - Belcross Farm be Designated as a Concentrated Animal Feeding Operation. A summary of the investigation conducted on March 10, 1994, by Scott Jones, DEM staff, is enclosed as follows: Date of Inspection: March 10, 1994 Name of Property Owner: Mr. Mike Duncan Name of Operator: Mr. Mike Duncan Address: Post Office Box 106 Shawboro, NC 27973 Phone Number: (919) 232-2531 Description of Facility Location: The facility is located off North Carolina Highway 158 approximately one mile east of Belcross in Camden County. Type of Operation (Examples; farrow to finish, topping, dairy, swine, cattle, chickens - layers or broilers, turkey production, etc.): This facility is a swine breeding/farrowing operation incorporating flush gutter houses. Number and Type of Animals: This facility houses 600 sows and.litters. Length of Time Animals Have Been, Are, or Will Be Stabled or Confined and Fed or Maintained in any 12 Month Period: Swine are housed at the facility the entire year. Are Crops, Vegetation Forage Growth, or Post -Harvest Residues Sustained in the Normal Growing Season Over Any Portion of the Lot or Facility? Craps are gra n on adjacent acreage. Description of Other Animal Operations in Immediate Vicinity or Proximity to Same or Other Surface Waters: There are no other known operations in the vicinity. Proximity of Facility to Neighboring Houses, Wells, etc.: The nearest home is approximately 1000 feet from the operation across N.C. Highway 158. Approximate Depth of Groundwater Table in the Area of the Facility or Discharge: Seasonal high wetness condition and/or groundwater condition was estimated to vary between 0 and 36 inches over the entire site. Proximity of Facility to Surface Waters (provide name and class -of surface waters): Facility is adjacent to an unnamed tributary to Indiantown Creek which is classified C Sw within the Pasquotank River Basin. Are Pollutants Discharged into the Waters of the State?. If so, How? (directly or by man-made ditch, flushing system, or other similar man-made device): Facility was land applying waste to agricultural field in sufficient quantity to create runoff to the unnamed tributary to Indiantown Creek. Additionally, spray irrigation was occurring over two filed ditches which flowed to the same tributary. Do or Have Discharges Occurred in Response to a Storm Event of Less Than a 25- year, 24-hour Intensity (if yes, include a brief listing of incidents and suspected causes): This discharge has not occurred in response to a storm event. However, recent rainfall events have contributed to increased land application. Type of Waste Management (Examples: type of confinement - free stall barns, sheltered or limited shelter dirt lots, paved or dirt open lots, swine houses, pasture; type of waste handling - direct spreading in solid form, slotted floors with lagoon or pit, single or multi -cell lagoon, aerated lagoon, land application of liquid manure, spray irrigation, contractor disposal, etc.): The swine are housed in multiple flush gutter houses. The wastewater flows to a primary and secondary lagoon. Ultimate waste disposal is performed by spray application on adjacent crop land. condition of Waste Management Facility (rate as poor -good, no discharge, sufficient freeboard in lagoon, etc. Include weather conditions during inspection.): Mostly cloudy and showers with temperature around 600. Light winds. The overall condition of the facility was fair. Lagoons had less than one foot of freeboard at time of inspection. This farm shares its application with another animal operation. As a result application events at the two farms must be coordinated. Waste was observed discharging to an unnanmed tributary of Indiantown Creek via runoff from spray irrigation. Animal Waste Discharge including photos and witness' names, addresses, telephone numbers, and statements of fact): Please note the attached photographs for your reference. Scott Jones, DEM staff, of the Washington Regional office, (919) 946- 6481, was present at the facility and observed the discharge. Water Quality Assessment (Include description of sampling, field measurements, visual observations and slope and vegetative cover of land adjacent to water, extent of rainfall and other factors relative to the likelihood or frequency of discharge of animal wastes and process wastewaters): Discharges were pink in color and were flowing into an unnamed tributary of Indiantown Creek. No field measurements were taken. Recommendations Made to Owner/Operator: Mr. Duncan was informed at the time of inspection that any discharge was to be eliminated. He was also urged to contact Jahn Timmons with Camden County SCS office to obtain proper application rates and cost share information regarding additional application equipment. Recommendations for Further DEM Action (Re -inspect, designate, etc.): T h e Washington Regional Office recommends the Mike Duncan Swine Operation - Belcross Farm be designated as a Concentrated Animal Feeding operation. other Comments: This facility was observed spraying waste over two field ditches which flowed to an unnamed tributary of Indiantown Creek by DEM staff in the area. Mr. Duncan was not present at the facility upon arrival. A maintenance worker was informed of the reason for the inspection and immediately shut down the application equipment. Mr. Duncan was contacted and soon arrived on site. He was cooperative with DEM staff. Mr. Duncan explained that he had recently made application to expand the lagoon and spray application site with the local SCS office. Part of this site was thought to be wetlands and the U.S. Army Corps of Engineers was consulted. They ultimately approved the expansion. In the mean time, SCS was designated the lead agency in delineating agricultural wetlands and reversed the Corps' decision on the site in question. Mr. Duncan feels the facility's inability to expand its wastewater capabilities has led to this discharge. He is in the process of appealing the decision. On February 22, 1994, DEM staff were in this area and noticed "pink water" in the same tributary which flows to Indiantown Creek. A visit was made to Mr. Duncan's operation; however, no discharge was found. A PVC pipe which ran from the office bathroom to a nearby drainage ditch was discovered. Mr. Duncan was informed that this disposal method was illegal. Mr. Ralph Holowell with the local Health Department was contacted and visited the site. The pipe was removed and arrangements for a.subsurface system to serve the ❑ffice have been made. Scott Jones and Deborah Sawyer of the Washington Regional Office were present during the February 22"d visit.