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HomeMy WebLinkAbout400106_HISTORICAL_20171231NORTH CARULINA Department of Environmental Qual State of North Carolina Department of Environment 'f and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director May 17, 2000 James Jones Rt 3 Box 504 Snow Hill NC 28580 "7,Tk?W,A 4 ,&�J * 2 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Rating of Potential Risk Inactive Waste Lagoons and Storage Ponds James Jones Swine Farm Facility Number 40-106 Greene County Dear James Jones; During the 1999 session, the North Carolina General Assembly passed a law directing the North Carolina Department of Environment of Natural Resources (DENR) to develop an inventory and ranking of all inactive lagoons and storage ponds in the State. In order to meet this directive, a representative of DENR has recently evaluated the inactive lagoon(s) and/or storage pond(s) on your property. Inactive lagoons and storage ponds were defined by the Statute as structures which were previously used to store animal waste but have not received waste for at least one year. The information collected on your property is contained in the attached field data sheets. Using this field data, staff ranked your inactive waste structures as high, medium or low according to its potential risk for polluting surface and/or groundwater. Your waste structure(s) was ranked as follows: Structure Number Surface Area (Acres) Ranking 1 0.51 Medium This ranking is based in part on the conditions existing on the day of the site visit. Changes in these conditions or the collection and evaluation of additional data may modify the ranking of your waste structure(s) in the future. Information on your facility along with over 1000 others contained in the inventory has been provided to the General Assembly. During this year's session, the General Assembly will consider additional requirements for future management of these structures which may include requiring proper closure of inactive lagoons and storage ponds according to current or alternative standards. 943 Washington Square Mall, Washington, North Carolina 27889 Telephone (252) 946-6481 Fax (252) 946-9215 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Rating of Potential Risk r Inactive Waste Lagoons and Storage Ponds Animal Waste Management System Page 2 Regardless of their ranking, owners of all waste lagoons and storage ponds have certain management responsibilities. These include taking appropriate actions to eliminate current discharges, prevent future discharges and to insure the stability of their structures. Staff of the Division of Water Quality will be in contact with owners of all inactive structures that have been determined to pose a serious environmental risk, based on its ranking and/or additional field data collected by the Department. All liquids and waste removed from these structures must be land applied at a rate not to exceed the agronomic needs of the receiving crops. Any major modifications made to the dike walls or structure must be done in accordance with current standards and under the direction of a technical specialist designated for structural design. Your local Soil and Water Conservation District is an excellent source for information and guidance related to proper waste application practices, structure operation and maintenance, and other related animal waste management standards and/or requirements. Nothing in this letter should be taken as removing from you the responsibility and liability for any past or future discharges from your lagoon(s) and/or storage pond(s) or for any violations of surface water or groundwater quality standards. Thank you for your cooperation and assistance in this process. If you have questions concerning your inactive structures, please contact the staff of either in the Division of Water Quality or the Division of Soil and Water Conservation in the Washington Regional Office at (252) 946-6481. Sincerely, ROGER THORPE FOR JIM MULLIGAN Jim Mulligan Water Quality Regional Supervisor cc: Greene County Soil and Water Conservation District Office Facility File ti 4 Type of Visit Q Compliance Inspection Q Operation Review Q Lagoon Evaluation Reason for Visit © Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 40 106 Permitted [3 Certified U Conditionally Certified © Registered Date of Visit 7J1612000 10 Not O erational Q Below Threshold Date Last Operated or Above Threshold: ItI19S............. FarmName:........................................................................• County: Gum ............................................... .Y.4'�.tt0....... OwnerName: J.alb].ea..................................... JQtxea.................................... ....................... Phone No:747-209.4 ................................................................... Facility Contact: ................................................ Mailing Address: 1Z111 .9%.,5A4..................... Onsite Representative: ..................................... Location of Farm: ....................Title:............................................................... Phone No:.......... Sn o.Ial1.NG........................................... ........................................................... Integrator: ............................ 4............... ..................................................................................................................................... N.50.0.............. ® Swine ❑ Poultry ❑ Cattle ❑ Horse, Design Current Design Current Design Current Swine Canacitv Ponulation . Poultry Car)acity Population Cattle Canacitv Poinulation ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ® Farrow to Feeder 400 0 ❑ Farrow to Finish ❑ Gilts ❑ Boars ❑ Layer ❑ Dairy ❑ Non -Layer I 1E] Non -Dairy ❑ Other Total Design Capacity 400 Total SSLW 208,800 g g Number of Lagoons 1 Holdin .Ponds Soli Traps Discharges & Stream Impac 1. Is any discharge observed from any part of the operation? ❑ Yes ® 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 estimated flow in gal/min? 2. Is there evidence of past discharge from any part of the operation? ® Yes ❑ No 3. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ® Yes ❑ No Waste Collection & Treatment Please see attached Lagoon Field Data Sheets Reviewer/Inspector Name Martin Mclawhoirn :m . Enternd all ?: Reviewer/Inspector Signature: Date: Printed on: 5/12/2000 .Facility Number 40 — 106 Lagoon Number I,,........,. Lagoon Identifier Be tangular.LagRQC1.................. t0 Active O Inactive Waste Last Added . 1...L............................................ Determined by: ® Owner ❑ Estimated Surface Area (acres): Q, j......................... Embankment Height (feet): 4............................. Latitude 35 27 00 Longitude F777 48 14 By GPS or Map? IN GPS ❑ Map GPS file number: 11_021617A Distance to Stream: 0 <250 feet 0 250 feet - 1000 feet O0 >1000 feet By measurement or Map? ❑ Field Measurement ® Map Down gradient well within 250 feet? O Yes *No Intervening Stream? O Yes 0 No Distance to WS or HOW (miles): 0 < 5' O 5 - 10 O > 10 Overtopping from Outside Waters? O Yes p No O Unknown Spillway O Yes O No Adequate Marker O Yes O No Freeboard & Storm Storage Requirement (inches): Inspection date 2/16/2000 appearance of 0 Sludge Near Surface lagoon liquid 0 Lagoon Liquid Dark, Discolored 0 Lagoon Liquid Clear 0 Lagoon Empty Freeboard (inches): 8 embankment condition 0 poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc. *Construction Specification Unknown But Dam Appears in Good Condition 0 Constructed and Maintained to Current MRCS Standards outside drainage O Poorly Maintained Diversions or Large Drainage Area -not Addressed in Design O Has Drainage Area Which is Addressed in Lagoon Design 0 No Drainage Area or Diversions Well Maintained liner status O High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc. p No. Liner, Soil Appears to Have Low Permeability 0 Meets NRCS Liner Requirements application equipment tail to make contact and/or Sprayfield O Yes O� No O Unknown with representative O Yes OQ No unavailable comments * Mr. Jones gave permission to go on property. He thinks lagoons are closed but is not sure. Will check with Greene County Soil and Water. * Water from lagoon possibly overtopped during Hurricane Floyd. State of North Carolina Department of Environment, Health and Natural Resources Division of eater Quality James B. Hunt', Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director December 15, 1997 James Jones James Jones Swine Farm Rt 3 Box -Oa Snow Hill NC 28580 WASNJNG70F?ECEIN OFFICE DEC 1 8 1997 Subject: Removal of Registration Greene County Dear James Jones: D. E. M. This is to acknowledge receipt of your request that your facility no longer be registered as an active animal waste management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not require registration for a certified animal waste management plan. Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not reach the surface waters of the state. any system determined to have an adverse impact on water quality may be required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the surface waters of the state will subject you to a civil penalty up to $10,000 per day. Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed below, you will be required to obtain a certified animal waste management plan prior to stocking animals to that level. Threshold numbers of animals that require certified animal waste management plans are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poultry with a licuid waste system 30.000 If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff at (919) 733-5083 ext 502. Sincerely, A. Preston Howard, Jr., P.E. cc: Washington Water_,�uality_Regional`Mce Greene Soil and Water Conservation District Facility File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Aftirmadve Action Employer 50% recycled/1017o post -consumer paper County reeve Owner amen ones manager Address Box 504 now Hill Location wi e, ff orth,o . w,y:. oa Registered Farm Name I fames Jones nwme r arm I Phone Number E-2094 essee Region O AKU O MHU O WARU O WSRU O FRO O RRO O WIRO Certified Operator in Charge Certification # Backup Certified Operator Certification # Comments Date inactivated or closed ■ Swine p Poultry p Cattle © Sheep p Horses p Goats p None Design Capacity p ayer Total 400 Swine SSLW 208,800 Farrow to Feeder Latitude Longitude :, � a,• tea. � ., ,.-'�. ,: �E1VI Re�ly� Cetfifi cations 1} " eondigonal"Days 'n►dNtNq�N p ri v.: r _ p Vegetation ° ❑ Acreage a p Other Request to be removed o Removal Confirmation Recieved o i Comments Basin Name: euse Regional DWQ.Staff Date Record Exported to Permits Database va/z v Lc= 3 C) — ,� ScD�{l d +ram W�CC vim_ 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 James Jones James Jones Swine Farm Rt 3 Box 504 Snow Hill NC 28580 1� Dear Mr. Jones: RECEIVED April 3, 1997 WASHINGTON OFFICE APR 0 7 N97 D. 1- M. SUBJECT: Notice of Violation Designation of Operator in Charge James Jones Swine Farm Facility Number 40--106 Greene County You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, 1). for Steve W. Tedder, Chief Water Quality Section bbAwdesletl cc: Washington Regional Office Facility File Enclosure P.O. Box 29535. 1,P6 FAX 919-733-2496 Raleigh, North Carolina 27626-0535 ��C An Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 les/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan BMowes, Secretary November 13, 1996 James Jones James Jones Swine Farm Rt 3 Box 504 Snow Hill NC 28580 SUBJECT: Operator In Charge Designation Facility: James Jones Swine Farm Facility ID#: 40-106 Greene County Dear Mr. Jones: RECEMM WASHINGTON OFFICE NOV 1 9 1996 aLIL Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 91gn33-0026. Sin;reston'Howard, rely, A. Jr., P.J.,frector Division of Water Quality Enclosure cc: Washington Regional Office Water Quality Files P.O. Box 27687, 7- 4. Raleigh, North Carolina 27611-7687 r�C An Equal Opportunity/Afflrmative Action Employer Voice 919-715-4100 50% recycled/10% post -consumer paper NATURAL RESOURCES CONSERVATION SERVICE March 7, 199� 3 PROFESSIONAL DRIVE SNOW HILL, WC 28580 PHONE: 919-747-3705 RECEIVED Robert Tankard WASH |C[ Division of Environmental Management 1424 Carolina Avenue �8D�� �4� Washington, NC 27889 m�n ~ � ` D. ^�~ mK8 " Dear Mr, Tankard, Enclosed is a copy of the closure plan for James Jones' swine operation. I was told by NRCS State Engineer to follow our interim standard on closures. Please call me if you have any questions or disagree with any part of this plan. I did the best I could but I am sure that there is room for improvement. Just let me know. Mr. Jones requested that he be allowed to keep his copy of the plan at his house rather than at the hog operation since he no longer keeps an office there. His house is located right across the street from the entrance to the operation. Thank you for you assistance. bt&,kc-- Dede DeBruh| District Conservationist EIVED &8AR - 8 x�x���� w D. E. M. WASTE MANAGEMENT PLAN FOR WASTE UTILIZATION AND CLOSURE OF THE ABANDONED WASTE STORAGE POND I. PLAN NARRATIVE II. WASTE ANALYSIS REPORT & CALCULATIONS III. WASTE UTILIZATION PLAN IV. NRCG INTERIM CLOSURE STANDARD CLOSURE FLAN AND NARRATIVE & GUIDELINES The purpose of this closure plan is to protect the quality of surface water and ground water- resources, to safeguard the pub I i c health. The fo l l ow i ng Items are an integral part of the closure p l a.n. All devices used to convey surface water" or effluent into the waste storage pond shall be removed. All surface water must be diverted away from the waste storage pond. All waste or sludge on the ground needs to be dried and land a.pp l i ed at agrom i c rates or placed in the storage pond to be agitated and pumped. 4. ..I..he waste storage pond sha I l be agitated and pumped as low as conventional pumping equipment will allow and the effluent a.pp I i ed according to attached waste ut i l i za.t; i on p l a.n. 5. The sludge that is left in the bottom and on they sides sha I I be removed with an emca.va.t r and land a.pp I i ed at agronomic rates based on waste analysis report or fresh water can be added and the water- and sludge can be agitated again and pumped on to crops at; agronomic rates based on waste analysis report. 6. After all the I i qu i d and sludge is removed, contact: Robert Tankard, OEM representative at :119--946-6481 and Dede DeBruh I , NRCS representative at 91 9-747--. ;705. 7. After a. site inspection by DEM and/or NRC:S, you have the option of a.l l ow i ng fresh water- to return and convert the structure back to a fresh water pond, or the pit may be filled with soil, or it can be graded and landscaped to eliminate safety hazards. 8. If effluent is app I i ed according to the waste ut i I i at i on Icy I a.n, the waste storage pond should be pumped dry within 6 months. Ria. i nfa.I I amounts and access to pumping equipment will be the major variables in the time frame. 9. The water level in the lagoon shall be kept such that a minimum of two feet of freeboard exists at all times. 10. If conditions develop in the application of this plan such that the plan must be changed, contact DEM for approval before the change has started. WASTE ANALYSIS REPORT AND CALCULATIONS Lagoon volume calculations Top dimensions 175 ' X 100 ' X 10 ' Mid section dimensions 147.5 X 2.5 X 9 = 96,244 cu. ft. 2. 96,244 cu. ft. X 7.4 gals./cu. ft., a 719,903 gals. 3. Attached Waste Analysis Report shows .08 lbs. Nitrogen per 1000 ga.l I ons 719,903 gals X .08 lbs N/1000 gals = 57.5 Or 58 lbs N There are 7. acres of established fescue avai l ab l e for waste a.pp l i ca.t i „n. One acre of fescue will ut i l i _e 200 lbs of Nitrogen. So, there is plenty of fescue to take up the available nitrogen. = 26.5 a.c.-••Inches 27,154 ga, I s/ac . "- i nc h Apply .I." at a time on 7 acres Minimum 4 applications Recommend application rate on Aycock _. Exu m s i l s is 0.35 in/hr. R,;,-c-:tag. .:c ,l.�B_�+r Y.. ..lX� ': �- -.:, I ...v "E- F .@`.+.v .i .,. e: .'was: ,p�T�j it .6'T' y.' L'Y" onomic.Divisi4�t '43OOReed Greek.Road 733 2655 z A " w KNCDA; . ;Raley _�NG�2760764G5(919 , x k ;Re rt�No,'W4055,O�Wx Grower: Jones, James Copies To: County Extension Director. Rt. 3 Box 504 USDA NRGS-Greene y Snow Hill, NC 28580 • wasteAnalysisRqi) USDA MRCS -Greene ort Farm: 3 Professional Dr. Suite B Snow HillNC 285801332 1/17/96 Greene County Sam lecInfo., Laboratoesults a _ �i,anuuless Sample ID: DM% N P R Ca Mg S Fe Mn Zn Ca B MO Cl Na Ni Cd Pb Ot 21.0 36.8 97.9 73.2 37.7 16.4 1.27 0.22 0.34 0.23 0.08 32.7 Nutrients Available for First Crop 1bs/1000 &#Ions Other Elements lbs/l o0o !U Waste Code: AppGcationMeibad N P205 K20 Ca Mg S Fe Mn zn Cu B MO Cl Na Ni Cd Pb ALS DescrlpNor1: Irrigation 0.08 0.49 0.78 0.43 0.22 0.10 0.01 T T T T 0.00 0.00 0.27 0.00 0.00 0.00 Swine LaR Li �n �.:. ,. ..--. * '.' a • "__,ire -�. - Nutruo=avaable for'the fust''a�ptarebased.n estmatesof.mineralization ratesRad:projecteci loss artbepllcatlon.,,nethod lamed 'Cacentrations oillnt and fltl�er2inet aotracoessir� �Tlie'�avasteshouid^ nut .;� �J°°'ia'%s .e.:��'.. ..:.... . ^.., o. .W.:�.`�'�: £�b'd::", o. �-r _.�. . �-!"- ¢ :�:,�,...�•, °•� ..�?..@w;� causerproduction>or envimnmental ,blems, uti[�zed a rdtng;to recommen practice - Mort#or�nutr�ent'bu0aup wnth'an annual soil testt . S '=.w ;,gym, �' - 3$5�`,4a�'` ,`�. � �`� _ ^Y�.ci\6 ..:y. 4. �3'se�` :. ��4 s • � F, :�� m: m i': _�1t"'a - .ate.'s MM ''..� :Fs e. ,.Y.Eer WAS ZATIONPLAN :,- Producer: Tees Location: OF`F SP, tzoa i n 6rze-.►e_ COU,4-�. App-ox. + Iz- n 'I'e-s N. o[�� f3 S21ZoU Telephone: ` 11--7`47- zn9� Type Operation: SIU 1 rQ e- Number of AmImals : No An; mo-L (Design capacity) The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste -should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses --nitrogen as the limiting. nutrient. Waste should be analyzed before each application cycle. Annual sail tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the cron can utilize. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities.. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special precautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it.,is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage recuirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217. adopted by the Environmental Management Commission. 1 ATTACH_ I :.v 1 h �_e-WAS TE-UT I L I ZAT I0N � PLAN,;; Amount of Waste Produced Per Year(gallons, ftl, tons, etc.) IJ P, animals X (amt.) waste/animal/year (amt. waste/year. N animals X lbs. PAN/animal/year lbs. PAN/year. (PAN ront N. C. Tech. Guide Std. 633) Applying. the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown and surface application: Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N * Acres Lbs. N Month of * This N is from animal waste only. Sf nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N must be based on realistic vield expectation._ NOTE: The applicator is cautioned that P and K may be over applie,` while meeting the N requirements. Beginning in 1996 the Coastal' Zone Management Act will require farmers in some eastern counties of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. 2 :-.:rWAS•T&� ILI ZATION„PLAN_, Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowner must be attached) (Required only, Sf operator does not own adequate land (sae Required Specification 21) Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # Type Per Ac.* Utilized Application t See footnote for Table 2. Totals from above Tables Acres Lbs. N Utilized Table 1 15o Table 2 Total Amount of N duced 58 Surplus or Deficit -1U NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. 3 =ACEMENT A le See attached map showing the fields to be used for the utilization of waste water. Application of Waste by Irrigation (Field Soil Type Crop Application Applications No. Rate(In/Hr) Amount(In.) �KUM A 4 eock F EScuG F= cv p 35 f .35 ! �nC-y TRZS TAxLS IS vOT 81G' = Ir MLSTZ IS NOT ZZ%MQ APPLIZD BY IRRIGATION, IIOWXVrJt A SrHZL1R TAALZ WYLL b RETOLD FOR DAY LISTLR OR SLURRY. Your cility is des' ned f d of to nary sto a and the temp ry s ge must be v on the avera nce every MQN In no instance the volume of as eing stored your s cture exce Elevation Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount. per acre to apply and the proper application rate prior to applying the waste. Nagrative of Oneration: 4 REQUIRED SPECIFICATIONS I. Animal waste shall not reach surface waters of the state by runoff, dr:.ft, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. Illegal discharges are subject to the assessment of civil, penalties of $10,000 per day by the Division of Environmerital Management for every day the discharge continues. 2. The Field Office must have documentation in the design folder that the producer either owns or has long term access to adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he shall provide MRCS with a copy of a written agreement (sample enclosed) with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization, Plan when there is a change in the operation, increase in the number of -- animals, method of utilization., or available land. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves the field. These filter strips will be in addition to "Buffers" required by DEM. (See FOTG Standard 393 - Filter Strips and Standard 390 (Interim) - Riparian Forest Buffers.] 5. Odors can be reduced by injecting the waste or disking after waste anvl{cation. Waste should not be applied when the wind is blowing. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When anulied to corservation tilled crops or grassland, the Waste may be broadcast provided the application does not occur during a season prone to flooding. (Sze "Weac?zer and Cl=aca in Yortz Carolina" in the Technical Reference - Envircnment file for guidance.) aTTACH:IENT a-� WWASTE- UTILIZAT-ION= PLAN _. REQUIRED. SPEC1FTCATIONS fcancinwa? 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control conditions conducive to odor or flies and provide uniformity of application.. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that no more than 20 to 25 percent of the leaf area is covered. 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop on bare soil. 11. Animal waste shall not be applied closer than 25 feet to surface water. This distance may be reduced for waters that are not perennial provided adequate vegetative filter strips are present. (See Standard 393 - Filter Strips) 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways. 15. Animal waste shall not be discharged into surface waters, drainageways or wetlands by a discharge or by over - spraying. Animal waste may be applied to prior converted wetlands provided they have been approved as a land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge directly into water courses, and only then at 1 agronomic rates provided the application causes no runoff or drift from the site. 6 -WASTE �U... T1L1ZAT1,0,XmFLAX=m REQUIRED SPECIFICATIONS ico.ncw,,.al 15. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system., 17. Lagoons and other uncovered waste containment structures must maintain a maximum operating level to provide adequate storage for a 25-year, 24-hour storm event in addition to the one (1) toot mandatory freeboard. 18. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). if needed, special vegetation shall be provided for these areas and shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 19. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 20. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. } 7 ATTACliN ENT A 1�M``M•*`�^' _4���•�!-�J Y ��•��q...iS fir. �A��YF - �� �����. WASTE UTILIZATION PLAN AGREEMENT Name of Farm:- Sarnes Jones _ -swing- ,arrm Owner/Manager Agreement I (we) understand and will follow and implement the specification and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named, above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environment Management'(DEM) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface wasters of the state from a storm event less severe than the 25-year, 24-hour stoma. The approved -plan will be filed on -site at the fast office and at the office of the local Soil and Water Conservation District and will be available for review by DEM upon request. Name of Facility Owner: so.x...,�s- (Please print) Signature: Date: Name of Manager(If different Acm owner): Signature: Date: Name of Technical Specialist: (Please print) De „-Are A. [)�_- P r� h I Affiliation: US A - N RCS l7t s�,-�ci Address (Agency) : U5DA_ResoXrce_� ConSe,-,1"-o,1 &rJ;e-2. . 3 e, S, F3 -- - Sno,o I+i I I NC ,Z8S8D - Signature: Date: 8 A A f A T T • {4 e.GR i'.'6..i CIF � � � H�`K� �S �� �YRI.v � �� N�- � ��d1Y%�ki+i4� ��w�� ,4�• �,'> ANIM&L WASTE UTILIZATION AGREEMENT meod.d onlr 1t •ddltlaa" lead bu to be loosed, •to.) hereby give permission to apply animal waste from hIs Waste Uti zation System on 7,7 acres of my land for the duration of time shown below. I understand that this waste contains nitrogen, phosphorous, potassium, and other trace elements and when properly applied should not harm my land or crops. I also understand that the use of waste will reduce my need for commercial fertilizer. Adjacent Landowner:_ Date: Waste Producer: Date: Technical Representative: Date: SWCD Representative: Date: Term of Agreement: MARCA _ ,19-J�to _ MnRcµ [q97. 24�_ (Xdaiuuw of Toe Years as Cost Shared Itass) (Sao Required Speaitieatiaes''No. 2.) 9 .... p.s•. `ws y .., �, '.Cdy.:n, �' :. 4�4 '. 'S,•.re-�e.�". oM 6 �i'i.:...�'e'un..... +,:f .d�»a e'L:' :.:%eve g .eF" . . :--E' '4"�°"�'F"F�'�' ? �''"z',... '�F, "G'`. "'Y.�,"�'`, .-�'��' g,£S�.:.. ` ci 4 1 n NEDA._ -. 66U ihvis on Reed Road Ralei 27607t6465 919 33�2655 rt,No• W00550 74E3110 L.Creek w : ,Re ,_NC � _➢.�, Grower.- Jones, James Copies To: County Extension Director Rt. 3 Box 504 USDA-NRCS-Greene Snow Hill, NC 28580 WasteAnaiysis a ort U$DANR���ne Farm: 3 Professional Dr. Suite B Snow Hill, NC 285801332 1/17/96 Greene County Sam► le tnfo ............ ............. .. �' .i iaborato ,aResults{ nnrllaon&uWess otherwise �.. �no .,.....:.... .:. :.... .. _ Jd _ a .... _ ....... _.. A,.. . A ... L. .,. 3.... ed.a.. _ , ti'a . " Sample ID: DM% N P K Ca Mg S Fe Mn Zn Cu B Mo Cl Na Ni Cd Pb 21.0 36.8 97.9 73.2 37.7 16.4 1.27 0.22 0.34 0.23 0.08 32.7 Nutrients Avallable.fer.F'irst Crop ft/1000 gaHons 1 Other Elements lbsll004 gaffow Waste Code: AIS App&ationMethodff N P 205 K2 0 Ca Mg S Fe Mn Zn Cu B Mo Cl Na Ni Cd Pb Description: Irrigation �0.08))0.49 0.78 0.43 0.22 0.10 0.0I T T T T 0.00 0.00 0.27 0.00 0.00 0.00 Swine Upon Li .. ,�:.:'» a� E. v .. - —04 Recwmrttenns FT :. �z . , ir -,.... �m � ..� .�:- . :� .'.o'€.:�r.au�.. ...�......e... ;.z.:. ..;.. f � sue. ,. .' iVatrtents;availabie::for �e;first' ate ba$ed_o� estimates of'nJ1n raltxat0a,rasesiand ro ecta=loss#orthe Ikation meihad i�ted aConcentr�ons of:�nc and other metals ate'pot . •the waste; P cause; roduction:or'et pirontnental`' robEems if utilized'a�cordia to' n ommended^ ractices Moxrltor`ntrtrient buildi= with=an annuaFsoa testy. • ° ; t a . � ��. , .r. • ,wk Kam .r +: fair IM -''.. -�l^ •ref �rw,' "h k`Y ''''o#w•� k= - e Mark.{fwen s now . Relative Nitrogen Fertilization Rate of Forage Species by Month (Piedmont A Coastal Plain)' Crop January February br March April May June Duty August ISeplarn�—a�ctorNovember - pecamber Relative % H Tal Fescue N' H' H' H' M L L MI M M L N 100 Orchardgrass N H H H M L L M M M N L 100 Kenfucky3 bluegrass N H H H M L L M M M N N 65 Fbescuegrass N H H H M M L L L M M L 85 Hybrid Bermudagrass N N L M H H H M M L N N too Swilchgrass N L M H H H H M L L N N 70 Flacldgrass N L M H H H H M L L L N 85 Gamagrass N N M H H H H M L L N N 100 Caucasian Sluestem N N L M H H H H M L N N 70 Bahlagrass - Pearl --- ---- N - ---- N --- N ---- L --- N ---- M --- N ---- H --?i ---- H --- H ---- H - -- H --- M- -- M .......... --- L -- IN --................... - L --- ---- N --- N ---- N --- N --- 70 ---85 Sorghum/sudan Hybrid N N N N H H H M M L N N f 00 Crabgrass N N N N M H H H M L N N 70 Ea an ye rags L M H H M N N N L L L L 100 Smal Grain (YAnter rye) L M H H L N N N L M M L 100 ' N = Do not apply nitrogen; L = low rate . M = medium rate; H = high rate. Approximate rates for bermudagrass are L <15 lbs/ac, M < 25 lbs/ac and H 50+ lbs/ac. = Not adapted except in piedmont and mountains. Not adapted in most of piedmont or mountains. While some forage growth may still continue, fertilization at this time may weaken the plants ability to overwinter. s Between May 15 and August 7 (piedmont) September I (coastal plain) no more than a total of SO lbs PA-N/ac should be applied. U. S. DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service North Carolina Technical Guide Section"IV August 1995 INTERIM STANDARD for CLOSURE OF ABANDONED WASTE TREATMENT LAGOONS AND WASTE STORAGE PONDS (No.) Code 998 DEFINITION: The safe removal of existing waste.and'refilling with soil or fresh water of Abandoned Waste Treatment Lagoons and Waste Storage Ponds that are no longer in use. PURPOSE: The purpose of this conservation practice is to protect the quality of surface `I water and groundwater resources, to safeguard the public health. CONDITIONS WHERE -PRACTICE APPLIES:. -- This practice applies to animal Waste Treatment Lagoons and Waste Storage Ponds that are no longer used for their intended purpose. D.ELSIGN CRITERIA: Removal of Inflow Devices. All devices used to convey. surface water or effluent into the lagoon or storage pond shall be removed and provision made to divert all inflow of outside surface water away from the structure. Excavated Pits. Excavated pits that were previously used for lagoons or waste storage ponds shall be agitated and pumped as low as conventional pumping equipment will allow and the effluent applied to cropland or pasture at agronomic rates for nitrogen (N) based on testing of the effluent and a soil test. The sludge that is left in the bottom and on the sides shall be removed with an excavator and land applied at agronomic rates based on testing or fresh water can be added and the water and the sludge can be agitated again and pumped on to crops at agronomic rates based on testing. Once all - __ sludge is removed, the owner has the option of allowing fresh water to return and convert the structure back to a fresh water pond, or if an adequate amount of soil is available the pit may be filled, or it can be graded and landscaped to eliminate i safety hazards. Embankment Structures. Embankment structures used for lagoons or waste storage ponds shall be pumped as low as conventional pumping will allow and the effluent applied to cropland or pasture at agronomic rates for nitrogen (N). W . W 998--2 The sludge on the bottom and sides shall be removed and land applied at agronomic rates. The sludge may be removed by use of an excavator .or by mixing with water and irrigating on cropland or pasture at agronomic rates. The embankment may be breached so that it will no longer impound liquid or the embankment may be left intact and allowed to fill with fresh water for use as irrigation, fare control, aquaculture, or wildlife habitat. If the embankment is breached, the slopes and bottom of the breach shall be stable for the soil material involved, but the side slopes shall be no steeper than 3:1. Vegetation. All disturbed areas shall be vegetated in accordance with Technical Guide Standard 342, Critical. Area Treatment. CONSIDERATIONS: Closure of abandoned lagoons and storage ponds is -part of a conservation effort to protect- the soil, water, air, plant And animal resources. August 1995 The proper removal of organics and nutrients and prevention of pollutant discharge's to surface waters is the responsibility of the owner. Adequacy of the discharge quality may be confirmed by testipg surface waters above.. and below the discharge for bacteria and other water quality standards. Qperation an Maintenance: A properly decommissioned waste treatment lagoon or waste storage pond should require little or no operation and maintenance; however, if it has been converted to another use, such as irrigation pit, water for fire control, or fish pond, operation and maintenance will be in accordance with the. - needs for that practice as set forth in the Field Office Technical Guide for that practice. W UNITED STATES NATURAL 3 PROFESSIONAL DRIVE DEPARTMENT OF RESOURCES SNOW HILL, NC 28580 AGRICULTURE CONSERVATION PHONE: 919-747-3705 SERVICE March ,lames A. Jones. Fit "-: 5(-)4 Snow Hi 1.1 NC: 2_5::-- 1 I)r a.r- Mr . J or'ses, This letter- is i rs regards to a. letter rated November 15, 1995 fr-r,€rs. the NC Divisic-,r, Er•,vii- nmental Management, (DEM) c I",cerning a risch,a.rge at your swine operation. The letter- stater:) that you needed tr_r submit an a.rNrr ved waste rnana.gernent p I a.n and a cert i f i cation fc rrn to DEM. On December 15, 1995 y,--,u contacted me for technical assistance. During C'Ur cr.,nver-sa.t i c,r1 yr++-r stated that you no I ortger- had hogs at the i s fac i I i ty ar�r� J i ,.I._ r�r f: r I a n L,_5 r est,.=CIc ar,y time i n the future. Therefore, I dec i red that we shou I d r.Jeve I r-,p a waste ut i I i at i on F, I an and a C I r_,sure I:, I a.n f r1r.. thic, a.ba.ndor'fvr w8.sty str_tra`}e ponr_l. I Ids December- 22, 199!:5, I sent a letter- to you suggesting that you request a.ri extens i or's fr,:,rts DEM. Also, I recommended tha.t YOU divert all surface water- and tal,.-:e a waste analysis sample accord i n,a to enclosed i ristruct i orss. Accc,rd i ng to Iir_rl=rt_•rt Tank.-ar-d, DEM representative, you were granter an e:•ttons i orl L11-1t i I Mar"CI, 1���, 1'%"�r I received a copy of the waste analysis r-cp„ art on January 22, Lased on this rep„_,rt and consu I tat i c,n with other NRC:S ,nmp I oyees (i nc I ud i ng Area 3 Resource Conservationist, D'i l l Harr-e 1 l ; C: iv i I E::r'sg i neer i ng Technician, El t,ar-r Turna.ge; and State Eno i veer, Harry Gibson) , I have deve l ol_,ed a Waste Management Plan for e Closure ::if yr,l.kr waste sty+rage pond. This p l ars is in -accordance with NRC:S Interim Standard N,--,. dated August - Thank you for your patience and cooperation. Sincere |y, Dede DeBruh| District Conservationist DAD/dkm 5-,T- R State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director March 6, 1996 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. James Jones James Jones Swine Farm Route 3, Box 504 Snow Hill, NC 28580 Subject: Extension for Certified Waste Utilization Plan Submittal James Jones Swine Farm Facility # 40-106 NOV # 95-46 Greene County Dear Mr. Jones: RECEIVED WASHINGTON OFFICE MAR - 8 11996 D. E. M. On November 15, 1995, the Division of Environmental Management sent the subject facility a Notice of Intent to revoke its Deemed Permitted Status. The letter further stated that to avoid permit revocation, James Jones Swine Farm must: 1)immediately eliminate the discharge of wastewater; 2)make any modifications needed to ensure there will be no future discharges; and 3)send in an approved animal waste management plan and DEM certification form in 60 days of receipt of the Notice of Violation. After consulting with DEM staff in the Washington Regional Office it has been determined that James Jones Swine Farm is progressing toward certification but will require more than 60 days to develop and implement a waste utilization plan certified by a Technical Specialist. Therefore, I am granting James Jones Swine Farm an extension until March 16, 1996 to submit an approved animal waste management plan. If we have not received the requested certification by March 16, 1996, or if there are discharges to the surface water from this facility, a civil penalty of up to $10,000 may be assessed and you may be required to apply for an individual non discharge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper If you have any questions concerning this matter please do not hesitate to contact either Roger Thorpe, Water Quality Regional Supervisor for our Washington Regional Office at (919) 946-6481 or Mr. Shannon Langley of our Central Office staff at (919) 733-5083, ext. 581. Sincerely, A. Preston Howard, Jr., P.E. ATTACHMENT cc: Roger Thorpe - WaRO Water Quality Supervisor Deidre DeBruhl - Greene County NRCS Pat Hooper -Regional Coordinator, NC DS WC Comphance/Enforcement File Division of Environmental Management January 11, 1996 MEMOARANDUM To: Shannon Langley Compliance Group Through: Roger Thorpe WO Supervisor, WARO From: Scott Jones WARO SUBJECT: Final Revocation of Deemed Permits Based on requests and supporting information the following animal operations should be allowed the described extension. Copies of their requests are attached for your review. Name Facility # County Certified Plan Due EAandon James Jones Swine 40-106 Greene 01/16/96 30 days J & H Milling - Shirley Farm 40-009 Greene 01/15/96 90 days The remaining farms listed In your January le Memorandum have not submitted a request for an extension. Final revocation of their permits should proceed unless certified plans or extension requests are submitted prior to the original due dates. Should the regional office receive these items a copy and recommendation for further action will be forwarded to your office. If you have any questions please do not hesitate to call me at (919) 946-6481 ext. 317. VI WNr-l! 4UP IV Ail N! 111%.11 WVl I 4n • �i� yv vv�v (77-.! State of North Carolina rsP Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor ,Jonathan B. Howes, Secretary A. Prsston Howard, Jr., P.E., Director January 10, 1996 A ILPA. IIF'A A ML C)EHNR MEMORAMUM To: Roger Thorpe Water Quality Supervisor, WasHngton Region From: Shannon Langley Subject: Final Revocation of Deemed permits Approximately 45 days ago the following facilities were sent Notices of Intent to revoke their "Deemed Permitted Status". Please review the list and advise me whether or not we should proceed with the final revocation of the facility's permit. If the facility is malting profess toward certification we may grant them an extension of timc to got their ceWfied plan submittcd. For any farms that this applies to, please forward support itLfotwotion you may have from the MRCS, CBS, etc. that the facility is progressing toward certification Name act# CORROL Certified Jan duc • James Jones Swine 40-106 Greene 1/16/96 • J & H Milling -Shirley 40-009 Greene 1115196 Heber Allgood 94-115 Washington 1/29196 Carroll Baker 72-006 Perquimans 1/29/96 B.J. Wilson 74-005 Pitt 1/29196 W. J. McCIanney 08-006 Berne 1/29/96 Kenneth Avery 52-047 Jones 1/29/96 Marshall Spain 74-008 Pitt 1/29196 If you have any questions, please call me at (919) 733-5083 exk 581 or fax me at (919) 715- 6048. P.O. Box 29535. Raleigti, North Carolina 27626-0535 Telephone 919-733.5083 FAX 919-733-0010 An Equal opportunity Affirmative Action Employer 5o7o r"Iew i o% pcat-consumer paper WASHIN ,T,,%gFF'ICE JAN 10 1"6 MILS. SCOTT, AS I MENTIONED IN OUR CONVERSATION ON JAN. 5 1996, THERE ARE SEVERAL REASONS I AM REQUESTING A SIXTY DAY EXTENSION TO COMPLETE MY PLAN. FIRST, THERE WAS SOME CONFUSION ON MY PART ABOUT WHETHER 1 WAS DOING A CLOSURE PLAN OR A WASTE WATER PLAN. CURRENTLY 1 AM WAITING FOR A PRICE ON THE COST OF A CLOSURE PLAN FROM A CONTRACTOR AND WAITING FOR THE RESULTS FROM A WASTE WATER SAMPLE. ALSO, AFTER TALKING WITH DEDE DEBRUHL FROM THE CONSERVATION OFFICE SHE STATED THAT THAT HER BACKLOG OF WORK WOULD PREVENT HER FROM HELPING ME COMPLETE MY PLAN BEFORE THE DEADLINE. THEREFORE, BASED ON THE ABOVE REASONS I AM ASKING FOR A SIXTY DAY EXTENSION TO COMPLETE THE PLAN . IF YOU HAVE ANY MORE QUESTIONS OR NEED ANY MORE INFOMATION YOU CAN CONTACT ME AT 919-747-2094 OR 919-747-5100. THANK YOU FOR YOUR COOPERATION AND UNDERSTANDING IN THIS MATTER. JAMES A. JONES cc: Dede DeBruhl w t7 p a � n rq N DIVISION OF ENVIRONMENTAL MANAGEMENT September 11, 1995 MEMORANDUM TO: Steve Tedder, Water Quality Section Chief Central Office THROUGH: Jim Mulligan, Regional Supervisor Washington Regional Office P. THROUGH: Roger K. Thorpe, Water Quality Supervisor Washington Regional Office FROM: Robert Tankard, Environmental Engineer P-T Water Quality Section, WARO SUBJECT: Loss of Deemed Permitted Status NOV As Per 15A NCAC 2H .0217 (a)(1) James Alton Jones Swine Operation Greene County The purpose of this memo is to request that the James Alton Jones Swine Operation located on the east side of NCSR 1200, approximately 1 mile of the intersection of NCSR 1200 and Hwy. 13 near Shine, be issued a Notice of Violation for the loss of deemed permitted status as a result of a discharge of animal waste to waters of the State. On July 17, 1995, Division of Environmental Staff (R. Tankard and L. Hardison) investigated the facility and found that animal wastewater discharged from a broken line between the hog house and the lagoon and flowed into an unnamed tributary that emptied into Cow Branch. The animal operation housed approximately 100 swine at the time of inspection. In conclusion, the James Alton Jones Swine Operation discharged animal wastes by means of a broken line between the hog house and the lagoon which flowed around the lagoon into an unnamed tributary to Cow Branch. Animal Operations Inspection Form 1. Date of Inspection: July 17, 1995 2. Regional Office: Washington 3. Name of Property Owner: James Alton Jones 4. Name of Operator: James Alton Jones 5. Address: Route 3, Box 504 Snow Hill, NC 28580 b. Phone Number: (919) 747-2094 7. Description of facility location: The facility is located on the east side of NCSR 1200, approximately 1 mile of the intersection of NCSR 1200 and Hwy. 13 near Shine , NC. See attached map. 8. Date the facility began operation: 910101 9. Date of last expansion: NIA. Explain: 10. Has the facility registered with DEM? YES If yes, date registered? 931118 11. Does the facility have an approved animal waste management plan? No Is one required? 970101 Date approved? 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.): The operation was a farrow to Finnish. 14. Number and type of animals: At the time of inspection, the operation housed approximately 100 animals. 15. Length of time animals have been, are, or will be stabled or confined and fed or maintained in any 12 month period: No swine are housed at the facility as of 950906. 16. Are crops, pasture, or post -harvest residues sustained in the normal growing season over any portion of the lot or facility? Corn and beans are raised at site. 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.)? Swine were housed in flush gutter buildings. 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: Cross Creek Farm is located across NCSR 1200 approximately 1 mile up a farm path. 19. Proximity of facility to neighboring houses, wells, etc.: Several houses are approximately 0.5 mile to the facility. 20. Approximate depth of groundwater table in the area of the facility or discharge: Groundwater table is approximately two to three feet below surface. 21. Proximity of facility to surface waters (provide name and class of surface waters): The lagoon is located next to,an unnamed tributary which discharges to Cow Branch which is classified C Sw NSW within the Neuse River Basin. 22. Animal waste discharge including photos and witness' names, addresses, telephone numbers, and statements 'of fact): Please note the attached photographs 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): Animal wastewater was discharged from a broken line between the hog house and the lagoon and flowed into an unnamed tributary that emptied into Cow Branch. 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): The discharge did not occur in response to a 25 year 24 hour storm event. The discharge will no longer occur because the facility is out of operation and wastewater is no longer flowing through the line that is broken. 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? Animal waste was discharged into an unnamed tributary which discharges to Cow Branch which is classified C Sw NSW within the Neuse River Basin. Wastewater of this nature has the potential to deplete dissolved oxygen in the affected water body to a point which is harmful to aquatic life. 26. What is the duration and gravity of the violation? Unknown. The operation was discharging at the time of inspection. 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. Wastewater was observed, by DEM staff, discharging into an unnamed tributary which discharges into Cow Branch on July 17 1995. There were no significant rainfall events associated with this discharge. 28. What is the cost of rectifying the damage? Unknown. 29. What is the amount of money saved by noncompliance? The cost associated with managing the lagoon system correctly. 30. Was the violation committed willfully or intentionally? Explain: It is this office's opinion the violation was due to negligence. 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? This violation constitutes Mr. James Alton Jones's first offense. 32. What is the cost to the State for the enforcement procedures? Staff Time (WARD): $122.58 Staff Time (Central Office) : $ Travel: $ 19.60 Total Cost of Investigation: $142.18 33. Type or general nature of business? James Alton Jones owns a swine operation. 34. What is the violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance (stubbornness)? Mr. Jones has been cooperative. 35. Are there mitigating circumstances? No 36. Assessment Factors: a. IWC: 100% b_ Receiving Stream: Cow Branch 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: Recommendations were made to Mr. Jones to contact the county NRCS office to find out procedures for closing out the lagoon. 39. Recommendations for further DEM action (Re -inspect, NOV, Enforcement Action, Designate, etc.): The Washington Regional Office recommends that James Alton Jones's Swine Operation receive a NOV as a result of said discharge. This NOV will include a deadline by which the operation will obtain and begin operating in accordance with a certified waste management plan or a deadline in which he closes his lagoon. Follow-up inspections will occur as needed. 40. Other Comments: None j 1 f 1 30 lnvUa ion Ch 30,0 20.0 i Cem Cem Cem Davie Grove 30 _em 30 3 5 1252 �- 30 'r :' r' IID6 • V =-- - _ _ r Cem. Cem - sa �? I F•:.�_� 1 _ -, 10 r Grave30 U 'a 1211 ., �� 3g% ��r . A \ f I206 `� J I _ 1�,. L-\i /e�' 1' _L/i _`'� •5 C �\ j f lam` l I + ;i. 3036 1207 - l<—-Ecem 1 + ui i+ i 36 45-- 3 30 } �•� I ��.�` ~ �• �ti�.J �1°° '�.5 �1� / D.�. f i Cem . . em 35 }Cem 2209 r�� — ire C ° i Peanut �.roisro s ° , J ^J �\1 •. - _ �-�; �• -•,Cem % '• • � 1l{ o + �--•Cem 1 �.38 ' --c.-� .--�� •1 \\�/ _ \i` l .�, • . � - � I`�� Cem'- •; • J j � . � Z-i . = -1 '� � i i • moo' ,1 ��y 30' IM 30 �� , I y "__ ✓ t,�•-' mot- �_^ -^ L� r�- _ Y'• �� ! ~ 1210 aarney.. 'Edm Ch'`Ai i- °__•._Cem ' ++ / �--i `. f�w'� - /'/���., �: '� '// /—• 1�. Fort Run j! i �\��1,��%� -'_ 1`' I /I I `�\ 1� r h,- '' - /•�. 13 , • Shine�O ChCefT1•' 1� shine _ .`-' ''� J' list i ► `1;��•--- % � , _ � .. , `:•�� �, i • 1 Free Tabernacle I ring .�1 o Pumping em Sla - '3a.s Creech �. ..welkr' rah ,i`4I, _J� { J fJ `a ]ld2 �• :-,Cem r , I .• l /VC S jZ I z 0 o % v s- Hw y. i3 (':� 1 ,_1�;it Yr �i�a?'Jt.��/y�� r �%� J 1 yy..I'i.[: ra' -- r: � y�' +'�r�. .Y�(� ? r ,'•`i ri�i�i i '{ !i f/•t'f`7 �4t y� t t 1 � f ; �fti � �f �'�`� .y. ../ rY �aa"� r , i �r♦ rt}. { li � f 7,Y ,� �• r� � �•1 �',rfT 4 �'�FY 'fit y a? . , S a � � � 7 7 j. j, �, ; , �"livx�, 7 � ' '�,'� r :i >--cro^•:' �'r�j� � � -; ''/ � /•`�JiY .I'.' r., '. !'j � ,�1."a .�•T,�r �,���-.r:1 �Y'i�l� j Yh + `� � ' d ii Via'' � �,. .��. r✓ ��. ,�� �• `fir ��}� ,� , • 9 t I � % � �1 •�: •, •, ' +• - r ! r���.��a � fir. ��� F '�� ;'/r1 t/�,fl .Lf� " (�r:Yr�'� 'T '• � is f. ./..: Vie. + � y- '. , ifs r � j•�i� � �. �, � ' �','� .../- ,lea's+ r=� 1 � JAMES ALTON JONES SWINE OPERATION NCSR 1200, SHINE, NC Greene County July 17, 1995; R. Tankard & L. Hardison Photograph 3. Wastewater flowing around the lagoon prior to discharging into unnamed tributary which flows to Cow Branch. State of North Carolina Department of Environment, Health and Natural Resources 4 LTW'A a Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ED E H N A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN_ RECEIPT REQUESTED Mr. James Alton Jones Rt. 3, Box 504 Snow Hill, NC 28580 SUBJECT: LOSS OF DEEMED PERMITTED STATUS NOTICE OF VIOLATION As Per 15A NCAC 214 .0217(a)(1) James Alton Jones Swine Operation Greene County Dear Mr. Jones: Animal Operations in the State have been deemed permitted by the Division of Environmental Management in accordance with Title 15A of the North Carolina Administrative Code, 2H, Rule .0217. An individual non -discharge permit is not required if certain criteria are met. A major requirement to be deemed permitted is that there must not be a discharge of aU wastewater from the operation to the waters of the State. This letter transmits a Notice of Violation and notification that your animal operation has been found discharging wastewater to the surface waters of the State and is therefore no longer deemed permitted as a non -discharge facility under 15A. NCAC 2H .0217. Therefore the existing wastewater treatment system serving your animal operation is currently being operated without a permit as required by North Carolina General Statute 143-215.1. On July 17, 1995, wastewater from your operation was observed discharging from a broken line between the hog house and the lagoon into an unnamed tributary which flows into Cow Branch, classified C Sw NSW within the Neuse River Basin. Photographs were taken indicating that a discharge event had occurred. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% tecycied/ 10% post -consumer paper If you wish to be reconsidered for coverage by the deemed permitted provision of the Rule, you must: l) immediately eliminate the discharge of wastewater; 2) make any modifications needed to ensure there will be no future discharges; 3) send in an approved animal waste management plan by completing the attached certification form. This form and a copy of your plan must be returned to: Division of Environmental Management Water Quality Section. Planning Branch Post Office Box 29535 Raleigh, North Carolina 27626-0535 Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste to the land in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Soil Conservation Service, or the North Carolina Cooperative Extension Service. If we have not received the requested certification within 60 days of receipt of this letter or if there are additional discharges to the surface water, a civil penalty of up to $10,000 may be assessed and you may be required to apply for an individual non -discharge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. If you have any questions concerning this matter please do not hesitate to contact either Roger Thorpe, Water Quality Regional Supervisor for the Washington Regional Office at (919) 946- 6481 or Dianne Williams Wilburn at (919) 733-5083, ext. 233. Sincerely; A. Preston Howard, Jr., P.E. cc: Roger Thorpe, WaRO Water Quality Supervisor Planning Branch Operations Branch Central Files Dierdre Bruhl, Green NRCS, 3 Professional Dr., Suite B, Snow Hill, NC 28580