400142_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

L
NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7009 2250 0000 9252 2661
Carole D. Edwards
Edwards & Edwards Farm
388 Dail Town Road
Snow Hill, North Carolina 28580
Coleen H. Sullins
Director
February 15, 2010
Subject: NOTICE OF DEFICIENCY
Edwards & Edwards 440-142
A WS400142
Greene County
NOD-2010-PC- 0150
Dear Mrs. Edwards:
Resources
Dee Freeman
Secretary
On February 5, 2010, during a telephone conversation with staff of the NC Division of Water Quality
(DWQ) Aquifer Protection Section (APS), Brad Burress reported a high freeboard level (19 inches) in
the primary lagoon.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG100000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWG100000
On February 5, 2010 a lagoon/storage pond level was documented at 18 inches of freeboard at the
primary lagoon. A level of 19 inches is the maximum level allowed by your permit and Certified
Animal Waste Management Plan.
North Carolina Division of Water Quality Internet www.ncwaterquality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Cont. Page Two
February 15, 2010
Edwards & Edwards Farm
Required Corrective Action for Deficiency 1:
A 30 Day Plan of Action (POA) was submitted to DWQ on February 11, 2010. Take all necessary
additional steps to insure lagoon levels remain in compliance with Section 2 of your permit.
You are required to take any necessary action to correct the above violations on or.before March
5, 2010 and to provide a written response to this Notice within 30 days of receipt of this letter
indicating that freeboard is at a compliant level. Please include in your response all corrective
actions already taken and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact Marlene Salyer at (252)-948-3846 or
me at [phone].
Sincerely,
i
David May
Regional Aquifer Protection Supervisor
Washington Regional Office
cc: Keith Larick CAFO Unit
Greene County Soil and Water Conservation District
N-DSWC-WaRO
aRO Compliance Animal Files
Murphy Brown
mds Files
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Enviromneat and Nahrral Resources
Alan W. Wimek, P.E. Director
Division of Water Quality
July 24, 2003
Mr. Carole Edwards
388 Dail Town Road
Snow bill NC 28580
Subject: Notice of Deficiency
Edwards & Edwards Farm
#40-142
Greene County
Dear Mr. Edwards:
Thank you for your recent submittal of the information requested in our letter dated June 6, 2003. We greatly
appreciate the effort that you made in compiling this information and sending it to our Washington Regional Office
by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as
required by your permit and worked with our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Washington Regional Office has determined that
this Notice of Deficiency is being issued by the Division for the high freeboard levels at the subject facility.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods
include, but are not limited to, water conservation practices, adding additional application sites, updating your
cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon Ievels
at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work
with you and your Technical Specialist to evaluate and implement any needed changes to your system.
Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our
Washington Regional Office at 252-946-6481.
Sincerely,
S
Jim �gan,
Water Quality Supervisor
Washington Regional Office
CC. Non -Discharge Compliance and Enforcement Unit
Central Files
_,WaRO
dbc files
NCDr R
Customer Servfce: Mailing Address: Telephone: [phone] Locatlon:
1 800 623-7748 1617 Mail Service Center Fax [phone] N. Sallsbury St
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617

4VIUIIICI�WG
Information contained in this database is from non agency sources and is considered unconfirmed.
Animal Operation's Telephone Log
DWD Facility Number
p7ol — 142
Farm Name
lEdwards & Edwards Farm
Caller's Name
Brad Burrus
Q Reporting O Complaint
Callers Phone #
52-526-7429
Access to Farm
Farm Accessible
from main road 10 Yes O No
Animal Population
Confined JoYes O No
Depop 10 Yes O No
Feed Available O Yes O No
Mortality 10 Yes O No
Spray Availability
Pumping
Equipment O Yes O No
Available
Fields 10 Yes O No
Date 13W2003
Time 1931
Control Number 11809
Region ARO
Lagoon Ouestions
Breached
10 Yes O No
Inundated
10 Yes O No
Overtopped
O Yes O No
Water on
O Yes O No
Outside Wall
Dike Conditions
10 Yes O No
Freeboard Uvel
Freeboard
Plan Due Date Date Plan Date Freeboard
Inches
(? equals blank) Received Level OK
Lagoonl >19
3/8/2003
Lagoon2
0
Lagoon3
L�
Lagoon4
Lagoons I�
o
Lagoon8
I�

• NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIv1SION OF WATER QUALITY
WASHINGsTON REGIONAL OFFICE
August 16, 2000
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Mr. Carole Edwards
Route 1, Box 420
Snow Hill, North Carolina 28580
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Compliance Inspection
Edwards & Edwards Farm
Facility No. 40-142
Greene County
Dear Mr. Edwards:
On May 26. 2000, 1 conducted an Animal Feedlot Operation Compliance inspection at the Edwards &
Edwards Farm in Greene County. 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) and the General Permit; (2) the farm is complying with requirements of the State Rules 15
NCAC 2110217, 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 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
➢ Your Certified Animal Waste Management Plan records did not include a soil analysis for 1999. In
Section Ill. Monitoring and Reporting Requirements, item number 3 of the General Permit it is a
requirement that a soil analysis be collected annually on each application field receiving animal waste.
Further, Section EL Operation and Maintenance Requirements, item number 3 requires that lime be
applied, as needed, to maintain soil pH in the optimum range for crop production. This information is
received from your annual soil analysis -
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 fiuther questions
or comments regarding this inspection, do not hesitate to call at [phone], ext. 321.
Sincerely,
Daphne B. Cullom
Environmental Specialist
CC: Greene County SWCD Office
DSWC-WaRO
pliance Group
O — Animal Compliance
=iSal• GT�J�
2 0 1 0
943 WASHINGTON SQUARE MALL, WASHiNGTON, NORTH CAAOLtNA 27889
PHONE 252-946-E4g1 FAX [phone]
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IType of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 40 142 Date of Visit: S/26/2000 Time: 11:30 AM Printed on: 5/30/2000
Q Not Operational Q Below Threshold
® Permitted ® Certified 0 Conditionally Certified [3 Registered Date Last Operated or Above Threshold:.. .......................
Farm Name: ]>ad arda.&Edsxard&.Fax.m ........................................................ eg............ County: GXag............................................... �?l'.�►Rt?.......
Owner Name: CArpl>~.]?:..:............................ d cin�tds..................................................... Phone No:
Facility Contact:
Title:..
Phone No:
Mailing Address: Rt.1.Dax..4ZQ ............................... ....... S.QAW.J ill..NC................................ . 28MR .............
Onsite Representative: B.radjD.ut rass..................................
Certified Operator:,WAyn d). ............................. Edwards....
Location of Farm:
Integrator: L.l.,..N.tujr.0x9y...C&..............................................
Operator Certification Number: ZQ415.....................
......................................................................................................................................................................................................................................................................
1 Ski..l32.7.................................................................................................................................................................................... ............. .
7
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 • 30 �" Longitude 77 • 38 6 30 "
Design Current
Swine Canacitv Ponulation
❑ Wean to Feeder
® Feeder to Finish
3000
3000
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design - Current Design . Current.
Poultry Capacity Population Cattle Capacity Population
❑ Layer ❑ Dairy
❑ Non -Layer ID Non -Dairy
❑ Other
Total Design Capacity 3,000
Total SSLW 405,000
Number of Lagoons 1 ❑ Subsurface Drains Present ❑ Lagoon Area 10 Spray Field Area
Holding Ponds / Solid Traps ❑ No Liquid Waste Management System
Discharp,es & Stream Impacts
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?
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 ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ®No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure b
Identifier: ................................................................
Freeboard (inches): 32

Continued on bank
Facility Number: 40-142 Date of Inspection 5/26/2000 Printed on: 5/30/2000
4 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes ®No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ❑ Yes ® No
8. Does any part of the waste management system other than waste structures require maintenancelimprovement? ❑ Yes ® No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ❑ Yes ® No
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ® No
12. Crop type Coastal Bermuda 3malI Grain Overseed
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?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ 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?
0 �4fl•violations:o:r:defcienciesrrere:noted:during•thi:9,VWt::Ytiu:will:ret:eiveno further:•:
- correspondence aboiri this.yisit.:. ::: :::: : ......
.......
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
Cl Yes ®No
❑ Yes ® No
❑ Yes ® No
❑ Yes ®No
❑ Yes ® No
❑ Yes ® No
New 1/2000 waste utilization plan amended to add additional acreage for wettable acres. Plan is for
Coastal Bermuda (hay) with overseed.
Waste analysis 2/2000; waiting for current sample results to update irrigation records with current
nitrogen balance; no overapplication noted in records.
Soil analysis for.1999 not in records; obtain a copy from local S&W District or CES.
* NOD will be sent due to soil analysis.
®l
Reviewer/Inspector Name Daphne B. Cullom
Entered by Ann
-7 - a -7 — oo

Reviewer/Inspector Signature: Date:
Facility Number: 40-142 Date of Inspection 5/2652000 Printed on: 5/30/2000
Odor Issues
26. 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?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ®No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ® No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No

State of North Carolina
Department of Environment
and Natural Resources
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Carole D. Edwards
Edwards & Edwards Farm
Rt I Box 420
Snow Hill NC 28580
Dear Carole D. Edwards:
1? 1 0 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 3, 2000
11 J U L 3 zd00
Subject: Notification for Wettable Acre Determination
Animal Waste Management System
Edwards & Edwards Farm
Facility Number 40-142
Greene County
A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal
Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only
the acres that are wetted can be credited in the waste management plan as receiving waste application. Any
acreage within the plan that can not be reached by waste application equipment can not be used as part of your
plan.
An evaluation by Pat Hooper on 5/14/99 was made to review the actual number of acres at your facility
that receive animal waste during land application. The evaluation of your facility has yielded one of the
following two results as indicated by the box marked with an "X".
Category 1:
❑ The evaluation of your facility could not be completed due to a lack of information. Please
contact your Technical Specialist to assist in providing Pat Hooper the necessary
information to potentially exempt your facility from undergoing a complete wettable acre
determination. Please submit this information to Pat Hooper, at 943 Washington Square
Mall, Washington, NC 27889, within in 90 days of the receipt of this letter. If you have any
questions please contact Pat Hooper at [phone]. If within 90 days you are unable
to provide Pat Hooper with the information you are automatically required to
complete a Wettable Acre Determination as described by Category 2 below, within
180 days of receipt of this letter.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
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Notification for Wettable Acre Determination
Animal Waste Management System
Page 2
Category 2:
Your facility has been identified by the Department of Environment and Natural Resources
as a facility that may have overestimated the number of acres actually receiving animal
waste. Therefore, some or all of your fields may be exceeding the allowable loading rates
set in your Certified Animal Waste Management Plan.
In order to resolve this issue, please contact a designated Technical Specialist to have him
or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must
be one that has been approved by the Soil and Water Conservation Commission to conduct
Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension
Service, the Soil and Water Conservation Districts, the Natural Resources Conservation
Service, and the Division of Soil and Water Conservation have received this special
designation. You may also contact a private Technical Specialist who has received this
designation, or a Professional Engineer.
All needed modifications to your Animal Waste Management System must be made and
the Wettable Acres Determination Certification must be returned to DWQ within the next
180 days. If the needed modifications are not made and if the form is not returned within the
required time, DWQ will be forced to take appropriate enforcement actions to bring this facility
into compliance. These actions may include civil penalty assessments, permit revocation,
and/or injunctive relief.
Once a Wettable Acre Determination has been completed, a copy of the attached Wettable
Acre Determination Certification must be submitted to the address listed on the form. Please
note that both the owner and the Technical Specialist must sign the certification. A copy of all
the Wettable Acre Determination documentation that applies to your Waste Utilization Plan
must be kept at your facility. DWQ and the Division of. Soil & Water Conservation Staff will
review all documentation during their annual visit of your facility. An additional copy must by
kept on file at the local Soil & Water Conservation District Office. Please note that if you install
or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer
must also sign the Wettable Acre Determination Certification.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our
Central Office staff at [phone] ext. 571.
Sincerely,
Kerr T. Stevens
cc: Washington Regional Office
Greene County Soil and Water Conservation District
Facility File