370059_ENFORCEMENT_20171231

NUH I H LAHULINA
Department of Environmental Qual

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

r
EE MFs Inc.
August 31, 2004
Willie Hardison
Regional Supervisor
Aquifer Protection Section
North Carolina Division of Water Quality
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Dear Mr. Haridson:
Bundy H. Lame
President
I
tSEP- 22004I
HINGTON REGIDN L OF19CE
I am writing in response to a letter dated August 11, 2004 and received by me on August
26, 2004, concerning a notice of violation for Sarem Farms, Inc. As the owner and
operator in charge I take full responsibility for any and all environmental issues here at
Sarem Farms. In March of 2003 (not 2004) there was an application event to fescue and
small grains in which there was not a current waste analysis taken. I realize this is a
violation of my permit but would like to further explain my mistake.
In April 2003 1 received a letter from NCDENR dated April 9, 2003 stating that Sarem
Farms would then be operating under a general NPDES permit instead of the general
permit we had been under since 1999. At this time I was required to fill out both the
IRRI forms and the I11R2 forms. I years past I had recorded my field information
(similar to IRRI) in an irrigation log book. This data was then transferred to UM forms
in order to calculate nutrient loads to crops. During this time of changing my record
keeping procedures I forgot about and overlooked in my records transfer the application
events in question. I have since been back through my irrigation log book to insure there
were no more mistakes. I have also put in place an EMS (Environmental Management
System) which is a record keeping system that requires me to be more precise and timely
in analyzing manure nutrients.
Please understand that the March 24,26 &27 applications were during a very dry period
and applied by a center pivot irrigation system in very controlled rates of 0.3 inches
(application depth) per pivot pass. There were 2 passes made for a total of 0.6 inches
over a 3 day period. Please keep in mind that it takes about 27 hours per pass. Based on
the nearest Waste Analysis Report (6/4/03) only 16.85 lbs of N was applied to the
receiving crops during this event. This puts the application only 13 days out of
compliance, but I freely admit it was out of compliance. That is also a relatively small
amount of the needed (allowed) PAN for those crops. I have included copies of the
referenced forms for your review. As you will please note no other application was made
until 4/21/03 at which time I began using the IRRI which was new to me. The waste
sample submitted 6/4/03 easily covers the 4/21/03 events and no other issues exist to
date. I have learned from this experience and have put in place the necessary procedures
to insure this never happens again. Please consider this matter taken care of. I look
P.O. Box 187 • Gates. NC 27937
rlel: 252-357-0503 • Fax: [phone]
PagrrAloice Mad: 252-334-1048 • email: [e-mail]

SREM Bundv H. Lane
Farms Inc. President
forward to hearing form you again soon and am sorry this had to take up your time and
efforts.
Bundy H. Lane
President, Sarem Farms, Inc.
P.O. Box 187 • Gates. NC 27937
Tel: [phone] Fax: [phone]
Pa,yer/Voice Mail: 252-334-1048 • email: bundy@coastalnet-coin

FORM IRR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
Lagoon Liquid Irrigation Fields Record
One Form for Each Field per Crop Cycle
Field
20/21/22
.#
59.7
SAREM FARMS, INC.
PO BOX 187
GATES NC 27937
252 357-0503
Facility Number 37 .1 59
Irrigation Operator BUNDY LANE
Irrigation Operator's RT 1 BOX 298B
Address GATES NC 27937
Operator's Phone # [phone]
From Waste Utilization Plan
Crop Type WHEAT Recommended PAN 92
1 1 Loading (lb/acre) = (B)
(1) (2) (3) (4) (6) (7) (8) (9) (10) (11)
Date
(mmlddlyr)
Irri
ation
Waste Analysis
PAN`
(Ib11000 gal)
PAN Applied
(lb/acre)
8( ) x (9)
1000
Nitrogen
Balance"
(lb/acre)
(B) - 00)
Start
Time
End
Time
Total
Minutes
(3) - (2)
# of
Sprinklers
Operating
Flow
Rate
(gal/min)
Total Volume
(gallons)
(6) x (6) x (4)
Volume
per Acre
(gal/acre)
(7) / (A)
B= 92
3/24/2003
1037
1
500
518500
8685.09
0.91
8.42
83.58
3/26/2003
519
1
500
259500
4346.73
0.97
4.22
79,36
3/27/2003
518
1
500
259000
4338.36
0.97
4.21
75.15
3/23/2003
CR
50.00
25.15
r
7!
IULI
EP
0Al
Crop Cycle Totalsi 1037000 66.85
Owner's Signature
Certified Operator (Print)
Operator's Signature
Operator's Certification No. /
" NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633.
*" F-nter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event.

'lion .4t OO Reed Ct'eek'Ro NC,; ;:b4 2 4 w ;tte ori•ivo: , w�
NCInomic;Div�' :; 3 YI. adRaleigh, 2r7607- 65=,.(9191733, . 5S ^ r •, , t ,,fit; y
Grower: Sarem Farms Inc.
Copies To:
Attn Lane Bundy
rz' ""J `'
'[ 41.
PO Box 187
Gates, NC 27937
ty {
*
sY'
rite na ys' effort Farm:
6/ 4/03
Gates County
Sam ie Info.
Lahorato Restilta:; arts. e>I' mfllioa;unlesi4dierwlse note
Sample ID:
N
P K Ca _ Mg. S Fe Mn
Cu B Mo Cl C
Tolal 275
_Zn
55A. 417 134 29.6 19.6 2.28 0.23 0.47.
0.12 1.87
3801
IN -N
Waste Code:
-NH4
Na Ni Cd P8 Al Se Li pll
SS C:N DM96 CCE% ALE(K,eal
ALS
-NO3
291 7,88
-
Description:
OR-N
S+vine U oon Li .
Urea
Reeominenilations: '
("" 1'``r .'' ,'.. ii ; eNutrieiitsiAvailable'far�lFUsf;Crop�
; _ r v ,:; Ibs%IOOD; alimrti ';.,• r
4ttierrE ements` lbs/1000g allows 1
'licationMethod�'
APP
p ,p.
-F. ,r. ..„-.?T r- 7u ,��s-yra :K i1. ^E�, ,_y' E���"
N �P205 :K24;. Ca Y M S Pe �• , Mn �, Z�s Gu;w -.,�B ��Md„ Cl
��r1�T
'ii+s S �,:.{ �,�.
.Na ,; �N: �Cd� Pb:'' A!°� Si
Irrigation
T .tkt-„ ,���
12 :0.74� ;y,33r, ;078.ry.017� �011n „:OOI;,Y,rrT��, T,��`F T E�'041�: y„a I
24
-:�
.�i '(p�,t �.{rl '�', i , y �.1�9�i'a� <t M - EIIS tjCjC �j t t
-
.�,ssf�.f.•9A��.i}_l'��l�:i��:3.�t'..<4Vr..�w�,-,�;fiPY1�s
S am le Info:
� ,.. ftr � � ',
; I,aliorato ' :Results arts` r� million unlessothe"r►vise` noted <'° .y?�: r �Y^1 I t : ,, I' i rl; ,,
.JS.....5'�'_.. � .._. ih,l{ ..... s�,,, .,fiP.,...u.:.n. �E�,efM..:..t{12..3 ....i„ -s.'. �. � z,...
<
sample ID:
N
P K Ca M S Fe Mn Zn Cu B Mo
g -
Cl
1 C
Toial
281
_ . _..._. „—„
58,'405 128 28.5 19.0 1.97 0,22 0,45 0.12 1.90
, _ „ , ,
3802
IN -N
Waste Code:
-NH4
Na Ni _ Cd _ Pb Al SeLi pH SS CaV DM%
CCE%' ALE(X�ga�
ALS
-NO3
T
305 7,86 ,
Description:
OR-N
S«'Ine Lagoon Li .
Urea
abs/1000'
;forsFirsf Cro �. „*,13 'Otc
Nutrietslvailae
teRecommendations: E
M0000r alloys
-
,App1i0aon--Meibbd'
Irrigation
N' ' ''Pz(?5
1.2
K2O..'
0.78 3:3 �0
;+;y:rF.r , ; s:l r r �- €':� Ins , .;,Yip ,'tiF 3S }� r'�,; ' ,' , Y7 ` ,r
Ca Mg' 5,..° .. Fe >`" .Mn. Zn s, Curs,, r Lili:; 1i�?o Cl
75 ° �"10 17 011f ; �0 01
.:,�y -; . ,
Na rt Ns , Cd Pb Al Se'.'; `L1
i U
SEP - 2M4 IIIVVVVEEEE
WASHINGTON REGIONAL OFRCE
0WO

f
n �
j t .._. V
. - � � r:-, ..,,
�7 n
�`.1
,. #_ —
J?°R,� .
-�y � .

v, . Di sion 436.0111 j riiik=R6id
-etc
Labo66ryrltiiults
arts: pe �,'l
sample ID,
N
Total 233
58.9
3803
IN _N
Waste Code:
-NI14
Na
AS
-NO3
300
Description:
OR-N
Swine Lagoon Mg.
Urea
Recommendations:
Nutri0h
A 'pfili 'W'Mefhod.
,Irrigation
'N, ',.-K26­.",ca
0.97 0.79 3.2. 0.88
.... .... ... .. d:;": 3., rowSitr
A Ca mg S Fe _--Mn
zn
Cu 8
mo Cl c
394 151 33.5 19.3 2.28 0.27
0.50
0. 13 1.90
Ni Cd A Al Se Li
pit
SS c.-N
DM% CGE% AL
7.88
,fiblchr fkst-'66�:­ 4�
W1000gallpitkir
Offiertk M_:
j ;jl�­'cu 'S
4t
ift,
a Nr' cd t,-`P6
O id Opi T-:, T" '01
25
'
JF
:SEP 2004
I
W . ASHINGTON REGIONAL OFFICE
Dwo

FORM IRR-1 Lagoon Liquid Irrigation Fields Record
For Recording Irrigation Events on Different Fields
Farm Owner �GLnW i C_Q r� Pi �QIP�^^ l� Facility Number
Operator F Gl
Tract &
Field #
Date
mmlddl r
Crop
Type
Field Size
acres
Irrigation Time
# Sprinklers
Operating
Operator
Initials
'Weather
Code
"Inspections
Initials
Start Time
End Time
Total Minutes
s /7
346 o-3
!�-i 3
5-
/03 -7
Z.a4/1,
34143
it
r{
1/17
13J G
�P �-e_
s7.3
o�.o3
.j_q.6'0
e
OPAO
65►10
s /L 7
7 Q3
r r
r
6q:O3
)� �foo
s" t 7
0`�
t f
dO r.O o
,tar5
5-I. 1
,03
7! o6
7
CL"DO
5"
C'
----
.,
ts
4
7/adlo3
S� d��,.d
Sr. `7
� ;�-6
i c� r.00
D do
t
SE -
/ 11
• • Weather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy
" Persons completing the irrigation Inspections must initial to signify that inspections were completed at least every 120 minutes.
• Note: If conditions beyond the permittee's control have caused noncompliance with the CAWMP or permit, explain on reverse.
r C Y);.
O v:
u t�
a4
01
�1SHINGYONOrgI4,�%L OFFICE

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Aquifer Protection Section
August 11, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 3110 0002 0678 5637
Mr. Bundy Lane
Sarem Farms, Inc.
_ _PO Box ' 187
Gates, NC 27937
SUBJECT: NOTICE OF VIOLATION
Animal Feedlot Operation Compliance Inspection
Sarem Farms, Inc.
Facility No. 37-59
Gates County
Dear Mr. Lane:
This fetter 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 June 16, 2004, Scott Vinson from the Washington Regional Office of the Division of Water Quality (DWQ) conducted
an Animal Feedlot Operation Compliance Inspection at Sarem Farms in Gates 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:
There were application on the fescue and small grain overseed crops on March 24, 26 & 27 of 2004 that did not have a
current waste analysis. In accordance with condition Ill, item 5 of your NPDES 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.
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.
W o-r Carolina
�f all'1Y
North Carolina Division of Water Quality Washington Regional Office Phone [phone] Customer Service
Intemet h2o.enr.statemc.us 943 Washington Square Mall, Washington, NC 27899 FAX [phone]
An Equal OpportunitylAffirmative Action Employer — 50% Recycled110% Post Consumer Paper

Page Two
Notice of Violation
August 11, 2004
Sarem Farms
Thank you for your cooperation and assistance. If you have any questions concerning this matter, please contact me at
252-946-6481, ext. 335 or Scott Vinson at ext. 208.
Sincerely,
Willie Hardison
Regional Supervisor
Aquifer Protection Section
cc: Murphy -Brown, Va. Division
Gates County SWCD Office
DSWC-WaRO
Animal Feeding Operation Compliance and Enforcement Unit
DWO Central Files
WaRO
SAV Files
WHlsav

Type of Visit ® 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 37 59 Date of Visit: 6/16/2004 Time: 10:00
0 Not O erational Q Below Threshold
® Permitted ® Certified [3 Conditionally Certified © Registered Date Last Operated or Above Threshold: ...........
Farm Name: 5.ArR. l..F8r..sJrtc,........................................... .............. County: Gaxts.................................................. V.l'.ARA.......
Owner Name:................................................... Saxem.Eairms...ling.................. ............... Phone No: 252-3.52.:U 0...........................................
MailingAddress: C?.1 9 ..>.7............................................................................................. 5. Ika..NG............................................................... 2.79V .............
FacilityContact:..............................................................................Title:........................... Phone No:
Onsite Representative:..... .. ,g.x� ................................................................ Integrator- {Y u r.Pa..JBxQ..w.a....Y.A..........................................
Certified Operator:Bawdy.1L.............................. l,,O..ice................................................... Operator Certification Number:1.82XS .................... ........
Location of Farm:
t.5 miles west of NC 37 on Sarem Rd.
® Swine ❑ Poultry El Cattle ❑ Horse Latitude 36 • 28 30 Longitude 76 • 47 08
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
❑ Non -Dairy
® Farrow to Wean
4800
4650
❑ Farrow to Feeder
10 Other
❑ Farrow to Finish
Total Design Capacity
4,800
❑ Gilts
Total SSLW
2,078,400
❑ Boars
Number of Lagoons 2
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes N No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estunated flow in gallmin?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes N 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
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes N No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier.................................... ...................................
Freeboard (inches): --78
12112103 Continued

Facility Number: 37-59 Date of Inspection 6/16/2004
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/improverent? ❑ Yes ® No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level ❑ Yes ® No
elevation markings?
Waste Apnlication
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
12. Crop type Fescue (Graze) Cotton Corn, Soybeans, Wheat Coastal Bermuda (Graze)
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.
Field Copy ❑ Final Notes
aste 6I4/03 with 3 samples of 1.2, 1.2 & 0.97 lbs. N/1000 gal.
samples are pulled at the same time and sent off together)
aste 8/26/03 with 0.50, 0.43 & 0.40 lbs. N/1000 gal.
5/25/04 with 1.7, 1.8 & 1.70 lbs. N/1000 gal.
Soils 2/25/03 with up to 0.7 T/ac time suggested and Cu-Zu levels within acceptable range.
Soils 2/14/04 with up to 1.2 t/ac lime required on one sample and Cu-Zu levels.
Reviewer/Inspector Name Scott,Vjnson Entered by:.1?driia Peaden
Reviewer/Inspector Signature:
12112103
Date: .7/11 /-Z
Continued

Facility Number: 37-59 Date of Inspection 6/16/2004
Required_
Records & Documents
21.
Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
® No
22.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
® No
23.
Does record keeping need improvement? If yes, check the appropriate box below.
® Yes
❑ No
❑ Waste Application ❑ Freeboard MWaste Analysis ❑ Soil Sampling
24.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
® No
25.
Did the facility fail to have a actively certified operator in charge?
❑ Yes
®No
26.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
®No
27.
Did Reviewerllnspector fail to discuss reviewlinspection with on -site representative?
❑ Yes
®No
28.
Does facility require a follow-up visit by same agency?
❑ Yes
®No
29.
Were any additional problems noted which cause noncompliance of time Certified AWMP?
❑ Yes
® No
NPDES Permitted Facilities
30.
Is the facility covered under a NPDES Permit? (If no, skip questions 31-35)
® Yes
❑ No
31.
If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes
® No
32.
Did the facility fail to install and maintain a rain gauge?
❑ Yes
® No
33.
Did the facility fail to conduct an annual sludge survey?
❑ Yes
® No
34. Did the facility fail to calibrate waste application equipment? ❑ Yes ® No
35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below. [--]Yes ® No
❑ Stocking Form ❑ Crop Yield Form ❑ Rainfall ❑ Inspection After 1" Rain
❑ 120 Minute Inspections ❑ Annual Certification Form
0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
12112103