210010_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Quaff

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

F w.ArF
Michael F. Easley
Q Governor
ctu
> , William G. Ross Jr., Secretary
a
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
December 6, 2001
Mr. Fred Smith
601 Greenhall Road
Edenton, North Carolina 27932
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Compliance Inspection
A.J. Smith & Sons, Inc.
Facility No. 21-10
Chowan County
Dear Mr. Smith:
On November 8, 2001, 1 conducted an Animal Feedlot Operation Compliance Inspection at the subject facility in
Chowan County. A copy of the inspection report is attached for your review.
In general, this inspection is to determine that: (1) the farm has a Certified Animal Waste Management Plan
(CAWMP) and the General Permit; (2) the farm is complying with requirements of the State Rules 15 NCAC
21-1.0217, Senate Bill 1217, the Certified Animal Waste Management Plan and the General Permit; (3) the farm
operation's waste management system is being operated properly underthe 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
deficiencies were observed during the inspection.
The current waste utilization plan for your facility does not contain all of the receiving crops and/or land that
are being utilized for waste management. All receiving crops and/or land being utilized for waste
management are required to be included in the waste utilization plan. Please refer to the attached inspection
form for further comments. This has been noted in previous DWQ Compliance Inspections. This facility is in
violation of its General Permit and subject to an anurooriate enforcement action. if the requested
information is not received within 30 days by the Washington Regional Office. The requested information
should be mailed to the following address:
Daphne B. Cullom
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
It is very important as the owner and the Operator in Charge that you resolve these aforementioned deficiencies
and any other problems that may arise, as soon as possible. Nothing in this letter should be taken as absolving
this facility of the responsibility and liability of any violations that have resulted or may result from these
deficiencies.
Thank you for your cooperation and assistance during the inspection. Should you have further questions or
comments regarding this inspection, do not hesitate to call at [phone], ext. 321.
Sincerely,
Daphne B. Cullom
Environmental Specialist
Cc: Chowan County SWCD Office
DSWC-WaRO
C9mpliance Group
1,4aRO — Animal Compliance
❑BC files
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946`9215 (Fax)

Type of Visit p Compliance Inspection p Operation Review p Lagoon Evaluation
Reason for Visit p Routine p Complaint p Follow up p Emergency Notification p Other p Denied Access
Facility Number Date of Visit: 11/8120Q1 Time: F 235 pm
p Not operation—ar-0— cow Threshold
Permitted p Certified p Conditionally Certified p Registered Date Last Operated or Above Threshold: .........................
Farm Name: A.J. Smith & Sons Inc County: ! hawan..............................................W.x1RG.......
Owner Name: Fred Smith Phone No: 252-482-8977
Mailing Address: 60I.Grooxha:U...Iid............................................................................... E.dento:n... NC.......................................................... 27932 ..............
FacilityContact: ...............................................................................Title:............................................................... Phone No: ....................................................
OnsiteRepresentative: Fred.Smith.................................................................................. Integrator: Rrorxn,'.s.,af.Caralina,.Inc.................................
Certified Operator: F.red.R................................... Smith ................................................. Operator Certification Number: 1.7.7..48.............................
Location of Farm:
mile north of Edenton, 2 miles north of HancockStation on SK 1316..r
N Swine p Poultry ❑ Cattle p Horse Latitude ®+ ©' ®" Longitude ®• ©' ©"
!„Iles�gnnCurrent1'}e4 Design Current `.
Swine F Capacity ,;Population' ` �' r t Ca as p Capactty. °Population
- Point ,;, ,. �.��i�, P t3'��,Po ulat�on � Cattle.r' r _7776--
+4 OU
*s
' °1rF Number af}Lagoons ' - { µ pSubsurface rainsPresentp Lagoon Area
Q pray Fie rea
H1 -
oldmg Pands�/ Sohd3Traps o iqui Waste Managementys em ,
i...
., ,
p can to Feeder
❑ aver ';= p Dairy
p on- Ayer -x' ® Non -Dairy
® Feeder to mis
�r'�`rs..-��-��
Other
p arrow to can
p Farrow to Fee er
p Farrow to FinisTofa!
Des Ca aci 6 276
/-�
G�1t5
13
"lil i .�
r'' 8871b0
�
Boars
©Nij��
_;
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? p Yes ® No
Discharge originated at: E3 Lagoon p Spray Field p Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes p No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) Yes p No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes p No
2. Is there evidence of past discharge from any part of the operation? p Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? 0 Yes ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? p Spillway p Yes R No
Structure 1 Structure 2 Structure 3 Structure 4 Structure S Structure 6
Identifier:
Freeboard (inches): ..............A6.........................................................................................................................................................................
.........................

f
ace i Number: 21-10 Date of Inspection
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? p 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 H No
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No
11. Is there evidence of over application? 13 Excessive Ponding ❑ PAN p Hydraulic Overload Ca Yes ® No
12. Crop type Milo
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?
p Yes
p No
b) Does the facility need a wettable acre determination?
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination?
p Yes
❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other, Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (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?
13 Yes ® No
p Yes ® No
❑ Yes IS No
13 Yes ® No
p Yes N No
❑ Yes ® No
p Yes ® No
❑ Yes N No
p Yes ® No
❑ Yes ® No
p Yes N No
in o violations or deficiencies were noted uring this visit. You will receive no turther correspondence about is visit.
C�oininentsl i efer to' �uestion_# Eii lain an 'YES answers;and/or an :recommenationsjorY an other'cotiiinents'�
.«' �r� ts-�Pg -. P y _ r.-s .yr: a Via: ay F;R
Use,drawin s uf:fac�li to better'ex lain s:tuat�ons use,additionalt a es as necessar• �� -�"
g rs P, `t P ga y);
,h' , _ Field Co Final Notese
��
..�.r."�WE, R�...zr ic§..,� f a
.-...u:reti.
WUP should e revised to reflect current cropping scheme.
PIease submit revised WUP to WARO within 30 days. This has been noted in several previous inspections.
Soil analysis 6/29/00; no lime required; reminder to sample this Fall.
Waste analysis - last sample dated 6/26/00 - 1.2 lbs11000 gals.
Freeboard levels recorded weekly per General Permit requirements.
Irrigation records complete with nitrogen balance.
* Need to sample waste ASAP and update irrigation records. Only irrigation events on Milo. (SEE PAGE 3)
Reviewer/Inspector Name R
Daphne 13 Cullom entered b AnntT ndall '
Reviewer/InspectorSignatur • ,,,,` Date:

. ' O5103101 Continued
I.Facilify-Number: Date of Inspection
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or Iagoon fail to discharge at/or below MYes p No
liquid level of lagoon or storage pond with no agitation?
27, Are there any dead animals not disposed of properly within 24 hours? p Yes ® No
28, Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, p 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? p 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.) p Yes ®No
31. Do the animals feed storage bins fail to have appropriate cover? p Yes ® No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? p Yes p No
r�uu�uvuar Uvui�uw�w auw u�;lus-u vr�u a tl � i SS�n� ': p' � i + s E•�t S f .F t ?}� �� E
.d...mSP:6Ntii41:4?L.4,: E.t�?iF'�h1-lf�4; '{ leeLhC'8�i1'I3F!}. • Yiv.- :�.f7$� .S'.'a" .4 - V :.l!e � �k 't.". �.,�..."'r..5 i`+ ,S�e'1��-.. i1r�'t ' .� .� .t .`i a�G <"��`�.. :��mt �+,�''�
aphne Cullom to send copy of 1998 General Permit.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary.
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
July 10, 1997
Mr. Fred Smith
A.J. Smith & Sons, Inc.
601 Greenhall Rd.
Edenton, NC 27932
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site Inspection
A.J. Smith & Sons, Inc.
Facility No. 21-10
Chowan County
Dear Mr. Smith:
EDEHNR
On April 17, 1997, Daphne Cullom from the Washington Regional Office of the Division of
Water Quality conducted an Animal Feedlot Operation Site Inspection at the A.J. Smith & Sons,
Inc. in Chowan County. Overall, the operation was found to be in satisfactory condition. A copy
of the inspection report is attached for your review.
In general, this inspection 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 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; (5) there are no signs of seepage, erosion, and/or
runoff. The following deficiencies were observed during the inspection
The Certified Animal Waste Management Plan (CAWMP) did not contain the
operation and maintenance plan for the waste management system.
2. Maximum and minimum pump markers need to be installed in the lagoon. These
markers are to be installed to show the top and bottom elevations of the temporary
storage (pumping volume) of the lagoon. Pumping should be managed to maintain
the liquid level between the markers.
943 Washington Square Mall, Washington, NC 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper

F�
' Mr. Fred Smith
A. J. Smith & Sons, Inc.
July 10, 1997
Page 2
It is very important as the owner and the Operator in Charge that you resolve these
aforementioned deficiencies and any other problems that may arise, as soon as possible. For
additional assistance, please contact your Technical Specialist and/or the local Soil & Water
Conservation District Office. Nothing in this letter should be taken as absolving this facility of
the responsibility and liability of any violations that have resulted or may result from these
deficiencies.
Thank you for your cooperation and assistance during the inspection. Should you have further
questions or comments regarding this inspection, do not hesitate to call Daphne Cullom at (919)
946-648I, ext. 321.
Sincerely,
Roger Thorpe
Water Quality Supervisor
cc: Chowan County SWCD Office
DSWC-WaRO
Compliance Group
W Central Files
aRO

I
f
I* Koutine p t-ompramt p rorrow-up of uwy inspection p rouow-up of unvvc review p utner i
Date of Inspection
Facility Number Time of Inspection : 0 24 hr. (hh:mm)
Farm Status: Certified)
Farm Name: A.J,,.Smith.&.SuLc.J=................................................................................ County: Chowan WARO
Owner Name: F.reed......................................... Smith ........................................................... Phone No: 919:4111-4977 ...........................................................
Mailing Address: 601.GreenhaR.Rd.............................................................................. Edcmton..i1IC.......................................................... 2.7-932 ..............
Onsite Representative: Mr,.Ered.Smith.&.Mx..JA f.Smith................................... Integrator: SmjMield.Carroll.'s ...........................................
Certified Operator: Fried.R................................... Smith ................................................. Operator Certification Number: 11748.............................
Location of Farm:
Latitude ®•©' ©66 Longitude ®• ®4 ®64
ICSNot Operational Date Last Operated; ............................................................................................................................................................
Type of Operation and Design Capacity
General
1. Are there any buffers that need maintenance/improvement? p Yes N No
2. is any discharge observed from any part of the operation?
a. if discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Surface Water? (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)
3. Is there evidence of past discharge from any part of the operation?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
S. Does any part of the waste management system (other than lagoons/holding ponds) require
maintenance/improvement?
p Yes ® No
p Yes ® No
p Yes ® No
p Yes ® No
p.Yes M No
13 Yes R No
p Yes ® No

6. • is facility not in compliance with any applicable setback criteria?
p Yes
® No
Ail. Did the facility fail to have a certified operator in responsible charge (if inspection after 1/1/97)?
p Yes
® No
8. Are there lagoons or storage ponds on site which need to be properly closed?
p Yes
® No
Structures (Lagoons and/or Holding Ponds)
9. Is structural freeboard less than adequate?
p Yes
® No
Freeboard (ft): Lagoon I Lagoon 2 Lagoon 3
Lagoon 4
............. 3.S.fi............... ...................................................................................................................
10. Is seepage observed from any of the structures?
p Yes
® No
11. Is erosion, or any other threats to the integrity of any of the structures observed?
p Yes
N No
12. Do any of the structures need maintenance/improvement?
p Yes
® No
(If any of questions 9-I2 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adquate markers to identify start and stop pumping levels?
N Yes
p No
Waste Application
14. Is there physical evidence of over application?
p Yes
N No
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type.......I........................Sage..........................................................................................................
16. Do the active crops differ with those designated in the Animal Waste Management Plan?
p Yes
N No
17. Does the facility have a lack of adequate acreage for land application?
p Yes
® No
18. Does the cover crop need improvement?
p Yes
®No
19. Is there a lack of available irrigation equipment?
p Yes
®No
For Certified Facilities Only
20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
p Yes
®No
21. Does the facility fail to comply with the Animal Waste Management Plan in any way?
® Yes
p No
22. Does record keeping need improvement?
p Yes
®No
23. Does facility require a follow-up visit by same agency? p Yes ® No
24. Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge? p Yes ® No
.......i #; .......'
r•y..r ���a eos ' r:cot t etlf5: .1..so:s�u160.via. P......)..................................... .....aa...............1.1........
to subsurface drains are present on the farm according to Mr. Smith. The facility is certified as a swine feeder to finish operation,
esign capacity 6216 and beef cattle, design capacity 60 with one waste utilization plan. Please note the following comments:
laste'analysis conducted 414/97.
oils analysis'conducted 8/1996. r
13 - Maximum (start) and minimum (stop) pump markers need to be installed. This is required due to the certified status of the
um. The markers are necessary to determine the appropriate times to irrigate and measure freeboard level.
21- The certified animal waste management plan (CAWMP) is incomplete. The operation and maintenance'(O & M) plan needs
be added to the CAWMP and pump markers need to be installed.
qV
ReviewerlInspector Name apluie PT Culloma } .
Reviewer/Inspector Signature: ) , Date: r -7