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400150_ENFORCEMENT_20171231
NORTH CAROLINA Department of Environmental Qua ENFORCEMENT ENFORCEMENT ENFORCEMENT Water Resources Environmental Quality - May 12, 2017 Mr. Charles L. Stokes Sandy Ridge Farm 782 Lower Field Road Ayden, North Carolina 28513 Subject: Notice of Deficiency - Freeboaid Level Sandy Ridge Farm #40-150 AWS400150 Greene County NOD-2017-PC-0172 Dear Mr. Stokes: ROY COOPER Governor MICHAEL S. REGAN Sevretal-r S. JAY ZIMMERMAN Director Thank you for your recent call regarding the freeboard levels at your facilities. On April 25, 2017 during a telephone conversation with staff of the NC Division of Water Resources (DWR), you reported a high freeboard level (16 inches) in the primary lagoon. Please be advised that failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan and with Condition V. 2. of NC Swine Waste System General Permit could result in other actions being taken by the Division in response to compliance matters. Deficiency 1: On April 25, 2017, a lagoon/storage pond level was documented at 16 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. Corrective Action for Deficiency 1: Thank you for submitting a 30-day Plan of Action on April 27, 2017. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. —' �'NothElzy Compares"--._._ State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington. North Carolina 27889 252-946-6481 Please work to ensure that your facility is managed in a way to maintain compliance with permit and animal waste management plan requirements. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. To minimize the potential for any possible future compliance matters attributable to prolonged wet weather conditions, you may wish to review your animal waste management system design, as well as the waste plan itself, for any potentially beneficial modifications and/or improvements. If you have any questions concerning this letter, please contact me at (252)-948-3939. Sincerely, J David May Water Quality Regional Operations Supervisor Washington Regional Office Cc: DWR-WQROS-CAFO Unit -Central Office Greene County Soil and Water Conservation District NCDSWC - WaRO NYaRO. Cornpliance--Animal-Files mds Files W a ter R esources FNWRONM£N7AL QUALITY May 18, 2016 Mr. Charles L. Stokes Sandy Ridge Farm 782 Lower Field Road Ayden, North Carolina 28513 Subject: Notice of Deficiency - Freeboard Level Sandy Ridge Farm #40-150 AWS 400150 Greene County NOD-2016-PC-0165 Dear Mr. Stokes: PAT MCCRORY I (wenwr DONALD R. VAN DER VAART ' ,e wf y S. JAY ZIMMERMAN 7 �irc. ��;t• Thank you for your recent call regarding the freeboard levels at your facilities. On May 9, 2016, during a telephone conversation with staff of the NC Division of Water Resources (DWR), you reported a high freeboard Ievel (17 inches) in the primary lagoon. Please be advised that failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan and with Condition V. 2. of NC Swine Waste System General Permit could result in other actions being taken by the Division in response to compliance matters. Deficiency 1: On May 9, 2016, a lagoon/storage pond level was documented at I7 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. Thank you for submitting a 5-day Plan of Action on May 9, 2016. Take all necessary additional steps to ensure lagoon levels remain in compliance with Section 2 of your permit. Please work to ensure that your facility is managed in a way to maintain compliance with permit and animal waste management plan requirements. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water State of North Carolina ! Environmental Quality I Water Resources -Water Quality Regional Operations -Washington Regional Office 943 Washington Square Mail, Washington. NC 27989 252-946-6481 May 1 S, 201 b Sandy Ridge Farm Cont. Page Two Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. To minimize the potential for any possible future compliance matters attributable to prolonged wet weather conditions, you may wish to review your animal waste management system design, as well as the waste plan itself, for any potentially beneficial modifications and/or improvements. If you have any questions concerning this letter, please contact me at (252)-948-3939. Sincerely, David May Water Quality Regional Operations Supervisor Washington Regional Office Cc: DWR-WQROS-CAFO Unit -Central Office Greene County Soil and Water Conservation District NCDSWC - WaRO WaRO Compliance Animal Files mds Files Water Resources ENVIRONMENTAL QUALITY April 28, 2016 Mr. Charles L. Stokes Sandy Ridge Farm 782 Lower Field Road Ayden, North Carolina 28513 Subject: Notice of Deficiency - Freeboard Level Sandy Ridge Farrn #40-150 AWS 400150 Greene County NOD-2016-PC-0104 Dear Mr. Stokes: PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN .#r.. . rot We have noted chronic rainfall events in North Carolina that are historic rainfall totals in some areas. Thank you for your recent call regarding the freeboard levels at your facilities. On February 9, 2016, during a telephone conversation with staff of the NC Division of Water Resources (DWR), you reported a high freeboard level (14 inches) in the primary lagoon. Please be advised that failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan and with Condition V. 2. of NC Swine Waste System General Permit could result in other actions being taken by the Division in response to compliance matters. Deficiency 1: On February 9, 2016, a lagoon/storage pond level was documented at 14 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. Thank you for submitting a 30-day Plan of Action on February 9, 2016. Take all necessary additional steps to ensure lagoon levels remain in compliance with Section 2 of your permit. Please work to ensure that your facility is managed in a way to maintain compliance with permit and animal waste management plan requirements. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water State of North Carolina I Environmental Quality j Water Resources -Water Quality Regional Operations -Washington Regional Office 943 Washington Square Mail. Washington, NC 21889 252-946-6481 April 28, 2016 Sandy Ridge Farm Cont. Page Two Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. To minimize the potential for any possible future compliance matters attributable to prolonged wet 'Weather conditions, you may wish to review your animal waste management system design, as well as the waste plan itself, for any potentially beneficial modifications and/or improvements. If you have any questions concerning this letter, please contact me at (252)-948-3939. Sincerely, tla,41'�ff David May Water Quality Regional Operations Supervisor Washington Regional Office Cc: DWR-WQROS-CAFO Unit -Central Office Greene County Soil and Water Conservation District NCDSWC - WaRO WaRO Compliance Animal Files mds Files NCDENR North Carolina Department of Environment and Natura Division of Water Quality Pat McCrory Thomas A. Reeder Governor Acting Director July 10, 2013 Mr. Charles L. Stokes Sandy Ridge Farm 782 Lower Field Road Ayden, North Carolina 28513 Subject: NOTICE OF DEFICIENCY Sandy Ridge Farm ##40-150 AWS400150 Greene County NOD-2013-PC-0282 Dear Mr. Stokes: Resources John E. Skvaria, lli Secretary On July 3, 2013, during a telephone conversation with staff of the NC Division of Water Quality (DWQ) Aquifer Protection Section (APS), you reported a high freeboard level (16 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 2T .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 July 3, 2013, a lagoon/storage pond level was documented at 16 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. Aquifer Protection Section 943 Washington Square Mall, Washington, North Carolina 27899 Phone: 252-946-6481 1 FAX: 252-975-3716 Intemet. www.nmaterquality.orcl NorthCarolina Aw"allry An Equal Opportunily 1 Affirmative Action Employer July 10, 2013 Sandy Ridge Farm Cont. Page Two Required Corrective Action for Deficiency 1: A 30 Day Plan of Action (POA) was submitted to DWQ within two (2) days of the high freeboard occurrence. 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 August 3, 2013 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 (252)948-3939. Sincerely, 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 mds Files CDER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly EEaves Perdue Coleen H. Sullins Dee Freeman Govemor Director Secretary March 9, 2010 Mr. Charles L. Stokes, Jr. Sandy Ridge Farm 782 Lower Field Rd Ayden; NC 28513 RE: Acknowledgment of Receipt of Payment Case No. PC-2009-0103 Farm # 40-0150 Greene County Dear Mr. Stokes: This letter is to acknowledge receipt of your check No. 4999 in the amount of $656.66 on March 9, 2010. This payment satisfies in full the civil assessment in the amount of $656.66 levied against Charles L. Stokes, Jr. and the case has been closed. If you have any questions, please call me at (919) 715-6627. Sincerely, Christine D. Blanton Animal Feeding Operations Unit cc: David May, Washington APS Regional Supervisor File # PC-2009-0082 Permit File AWS400150 AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh. North Carolina 276N. Phone: 919-733-3221 % FAX 1: 919-715-0588 FAX 1919-715-60481 Customer Service: 1-877 -323 6748 Intemet, www wwaterguaiity.ogg NonrthCaroli is aturally pn =nu;l t-innnrnmit, 1 z it ,ti— txrinn —,inv— ,LISPS -• Track & Confirm Ift au-4--f, Page 1 of 1 UNWED STATES F05ML SFRMEa Track & Confirm Search Results Label/Receipt Number: 7009 2250 0000 9252 2645 Status: Delivered Your item was delivered at 4:08 pm on February 24, 2010 in AYDEN, NC 28513. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in fifes offline. Restore Off me cNerum to USPs.cam Nome s Home 1 Helo 1 ftn—ln Track & Confirm FAQs Track & Confirm Enter LabeVReceipt Number. �o i ip $iie Map. Custoo gr Service Forms Gov't Services Careers Priv_acy_Policy Terms of U...s..e.. ausiness_Customer Gateway Copyright® 2010 USPS. All Rights Reserved. No FEAR Act EEO Data F01A 0 1 i;.: -,;, _; G�• cr, .. rt.,� ,:;�fi �; ft@M {art 0 ESL! laAaG,Y��,pp � o t17 C 51 '1 [Mt1� ftl rU n F• F I C� A L U S• E Ln ni Postage S ! 'T a- Cerlrfred Fee o �G 74*9 p Reprm Receipt Fee Postrnark 9 p (Endorsement Required) 3 v Q L� Hang Q Restricted Delivery Fee ` �y O h O (Endon amen0 Ln [ Required) t� rTotal Pastaaa & Fees u 1 r Cr sera[ a MR CHARLES L STOKES sneer SANDY RIDGE FARM 4VA-/5-0 N orditi sV 782 LOWER FIELD ROAD AYDEN NC 28513 i http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabeilnquiry.do 5/19/2010 MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 16, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED CM# 7009 2250 0000 9252 2845 Mr. Charles L. Stokes Sandy Ridge Farm 782 Lower Field Road Ayden, North Carolina 28513 Subject: NOTICE OF DEFICIENCY Sandy Ridge Farm #40-150 AWS400150 Greene County NOD-2010-PC- 0190 Dear Mr. Stokes: On February 15, 2010, during a telephone conversation with staff of the NC Division of Water Quality (DWQ) Aquifer Protection Section (APS), you reported a high freeboard level (17 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. AWG 100000 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 15, 2010, a lagoon/storage pond level was documented at 17 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-ncwaterguality.org 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper NorthCarolina Aaturally Cont. Page Two February 16. 2010 Sandy Ridge Farm Required Corrective Action for Deficiency 1: A 30 Day Plan of Action (POA) was submitted to DWQ within two (2) days of the high freeboard occurrence. 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 15, 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 (252)948-3939. Sincerely, David May Regional Aquifer Protection Supervisor Washington Regional Office cc: Keith Larick CAFO Unit NYe County Soil and Water Conservation District SWC-WaRO O Compliance Animal Files mds Files t CDEHR North Garoiina Department of environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen I -I. Suliins Governor Director December 23, 2009 CERTIFIED MAIL - #7009 0820 0001 0529 8285 RETURN RECEIPT REQUESTED Mr. Charles L. Stokes, Jr. Sandy Ridge Farm 782 Lower Field Rd Auden, NC 28513 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Farm # 40-0150 Greene County File No. PC-2009-0103 Permit No. AWS400150 Dear Mr. Stokes: Dee reeman becretapt This letter transmits notice of a civil penalty assessed against Charles L. Stokes, Jr. in the amount of $656.66, which includes S156.66 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice.. you most do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Christine D. Blanton DWQ 1636 Mail Service Center Raleigh. North Carolina 27699-1636 AQI.kIFER PROT5G7tON SECTION 1636 Mail Service Center, Raleig;,, North Carolina 276?91636 ! ocafon: 272E Capitai Boulevard. Raleigh, North Cardin@ 27604 no e:91r 733 327 i `- FAX 1:91r-715-05K AX 2: ustarner =rvtc=: 1-S77-523 5746 intCtp.et www.rsowateroualitv.ora DEC 2 9 2009 • .',-.L OFFICE One N Olin C ro I €1 it v Ln=:,irol � �.�nnni miry r Ake-rraw=. Ara ;a �m•rkrnro- _ •� ". Page 2 12f?3/Z009 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; 4 (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Christine D. Blanton Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 OR 3. File a }petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and ✓�� Page 12/23/2009 one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh. NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, Registered Agent DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Please mail or hand deliver a copy to: Christine D. Blanton DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter. as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Christine D. Blanton at (919) 715-6627. Sincerely, 11 j_ y Theodore L. Bush,�Jr., Chief Aquifer Protection Section Division of Water Quality ATTACHMENTS cc: David May, Washington APS Regional Supervisor w/ attachments File # PC-2009-0103 w/ attachments APS Central Files w/ attachments Susan Massengale w/ attachment STATE OF NORTH CAROLINA COUNTY OF GREENE IN THE MATTER OF CHARLES L. STOKES, JR. FOR VIOLATIONS OF SWINE WASTE MANAGEMENT SYSTEM GENERAL PERMIT AWG 100000 PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. PC-2009-0103 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush, Jr., Chief of the Aquifer.Protection.Section,.of the Division -of Water Quality (DWQ) make -the following: 1. FINDINGS OF FACT A. Charles L. Stokes, Jr. owns Sandy Ridge Farm, a swine animal feeding operation in Greene County. B. Charles L. Stokes, Jr. was issued Certificate of Coverage AWS400150 under General Permit AWG100000 for Sandy Ridge Farm on July 1, 2007 effective upon issuance, with an expiration date of September 30, 2009. This permit was renewed on October 1, 2009 with an expiration date of September 30, 2014. C. Condition No. Il. 4, of General Permit AWG100000 states: "Land application rates shall be in accordance with the Certified Animal Waste Management Plan (CAWMP). In no case shall land application rates exceed the agronomic rate of the nutrient of concern for the receiving crop." D. Condition No. 11.1, of General Permit AWG100000 states in part "the collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times." E. in February 2009, an over application of nitrogen was applied to the small grain overseed crop on the Sandy Ridge farm in Greene County. The amount of over application was 3092 lbs/acre of nitrogen or 62% over crop allowance of 50 pounds as listed in the facility's CAWMP. F. The cost to the State of the enforcement procedures in this matter totaled $156.66 I11 t 2 9 -09 j . Based upon the above Findings of Facts, I make the following: H. CONCLUSIONS OF LAW: A. Charles L. Stokes, Jr. is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143- 212(4). B. The affected constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6), C. The above -noted over -application of nitrogen is a violation of Condition HA of General Permit AWG 100000. D. Charles L. Stokes, Jr. may be assessed civil penalties in this matter pursuant to G. S. 143- 215.6A(a)(2), which provides that a civil penalty of not more that twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to act in accordance with terms, conditions, or requirements of a permit required by G. S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Charles L. Stokes pursuant to G. S. 143-215.3(a)(4) and G. S. 143B-282.1(b)(8). F. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Facts and Conclusions of Law, I make the following: M. DECISION: Accordingly, Charles L. Stokes, Jr., owner of Sandy Ridge Farm, is hereby assessed a civil penalty of: S J C? �a For violating Condition No. 111.4. of General Permit AWG100000 for failing to apply waste in accordance with the Certified Animal Waste Management Plan by exceeding the Plant Available Nitrogen rate for the receiving crop. SDG TOTAL CIVIL PENALTY $ 156.66 Enforcement costs TOTAL AMOUNT DUE 1) ter'• As required by G. S. 143-215.6A(c) in determining the amount of the penalty 1 have considered the factors listed in G. S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on Found or surface quantity or quality; (4) The cost of rectifying the damage; (5) The amount of money save by noncompliance; (6) Whether the violation was committed willfully or intentional; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. ! o 9 (Da e) eodore L. BAh, Chief Aquifer Protection Section Division of Water Quality J STATE OF NORTH CAROLrNA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF GREENE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND CHARLES L. STOKES. JR. ) STIPULATION OF FACTS FILE NO. PC-2009-0103 Having been assessed civil penalties totaling $ 656.66 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated December 17, 2009, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of .20 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: PC-2009-0103 County: Greene Assessed Party: Charles L. Stokes, Jr. Permit No. (if applicable): AWS400150 Amount Assessed: $656.66 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) - one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied tothe _detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document; (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or somethingyouu could not prevent or prepare, for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary_ remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: C. L. STOKES, Jt . Owner LITTLE CREEK HOG FARMS, INC. 782 Lower Field Road AYDEN, NORTH.CAROLINA 28513 Telephone (252) 746-9182 Fax (252) 746-2865 North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Attn: Mr. David May S August 28, 2009 Dear Mr. May, 93G 3 1 2409 Sri Thanks for your letter dated August 24, 2009 regarding our Sandy Ridge Farm site, facility 440-150. You are correct in your assessment of our situation regarding small grain overseed over application. Unfortunately, this accidental over application occurred as a result of a lack of oversight during the transition period between the small grain overseed window and the Coastal Bermuda window assigned to field SRD. There is no excuse for this mistake. I can only hope that our consistent track record of reporting dependable data over the years indicates the integrity that is used by us in regards to field application of hog waste. I believe it to be essential that we, as a farm, report the correct data and apply waste within the framework of the CAWMP. As a result of this episode, a new protocol has been established between the OIC and field application personnel. From this point forward, the nitrogen balances for the overseed crop will be posted in the office in full view for employees to monitor, as it is with other crops. This should create more accountability and reduce the likelihood for further error. Thank you for your consideration in this matter, and rest assured that I will see to it that this problem does not occur again. Since we were in transition from overseed to an established Coastal Bermuda crop, in the early spring, hopefully, the environmental impact was slight if any at all. Again, thanks and I look forward to working with you and your department in the future. If you have any questions please feel free to contact me. Kindest regards, 4/esL,,. Chartokes Jr. Owner of Little Creek Hog'Farms; Inc. U.S. Postal Service - � �'` � o CERTIFIED MAIL ;RECEIPT Ln {Domesiic Mai! Only; No Insurance Coverage Provided) � �Fo7d'e3i�ery iniormatio_n visit our website at www.usp_s.cnm , O F F; C! a F USLn _n Postage _ i(Erml0M@fM=kA IL M "=r .■ t M M TOW Postage & Fees a gw, j" ' " Er +! 782 LOWER FIELD ' 1 ' 1 'J{ PS F slructronS m September 29, 2009 To: Keith Larick, Supervisor Animal Feeding Unit Through: David May, Aquifer Protection Supervisor L Washington Regional Office From: Marlene Salyer, Environmental Specialist Afi-�— Washington Regional Office Subject: Enforcement Package DV Sandy Ridge Farm Permit Number AWS240150 Bertie County Introduction: During a routine compliance inspection on July 28, 2009 DWQ staff was made aware of a significant over application on the small grain overseed. The Finding, Decisions and Assessment Factors are attached for review. Recommendations: It is recommended that the appropriate civil penalties be assessed against this subject facility, Sandy Ridge Farm located in Greene County and Mr. Charles L. Stokes. However, the Washington DWQ Staff is recommending a lower amount of assessment because the application was on small grain and the Mr. Stokes did make us aware of the fact. DIVISION OF WATER QUALITY ANIMAL OPERATIONS ENFORCEMENT CASE REPORT Section 1: General Information 1. Facility Name: Sandy Ridge Farm 2. Facility or Permit No.. AWS2400150 3. Party named in assessment: Charles L. Stokes Jr. 4. Address: 782 Lower Field Road, Ayden North Carolina 28513 5. Telephone No.: 252-746-9182 6. Location of Facility: Facility,is located off 1337 SR in Greene Coun 7. Type of Operation: 7344 Feeder to Finish swine 8. Registered Agent (if applicable): N/A 9. Registered Agent Address (if applicable): NIA 10. Date(s) of noted violations: February, 2009 11, Receiving Stream and Classification :NA 12. Regional Office: Washin on Regional Office 13. Report Prepared By: Marlene Salyer Section II: Findings l . Case Narrative: During a routine compliance inspection on July 28, 2009 DWQ staff was made aware of a significant over application on the small gain overseed. Mr. Stokes had this clear] recorded on the IRR's. Records and calculations were verified to be correct. The over application was on Field SRD on the small grain crop for 2008- 2009. The amount of over application_ was 30.92 ibs/acre of nitrogen or 62% over crop necessity of 50 lbs. as listed in the facility's CAWMP. 2. Farm and/or company compliance History: This facility has two past NOD's and one of those occurred during Hurricane Floyd.. However, it has-been o grated according to the CAWMP and permit in the recent past. 3. Amount of Waste discharged (if applicable). No discharge occurred. However, nutrient over application of 30.92 pounds per -acre on the small grain over seed did occur. It should be noted that revival of the coastal Bermuda should have taken up a percentage of fthe _excess nitroUn,and minimized impacts, 4. Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance: Mr. Charles Stokes has always been very cooperative and pleasant to work with the Division of Water Quality. He and his staff pointed out the over application from the onset of the inspection. 5. Damage? YIN: This would be very hard to determine as the one crop is ceasing_to grow the Bermuda field is beginningto o take up the nutrients and begin full growth. Groundwater quality has not been assessed, but nutrient over -application can cause groundwater quality impacts. 6. Mitigating Circumstances: The OIC was having to deal with the bankruptcy issues of his contracting company (Bunting) and was not at the farm on the dgy of over application. His staff failed to check on remaining PAN balance prior to application. 7. Recommendations made to the owner/operator: It was recommended to the Operator in Charge to closely monitor the PAN amounts that remain on the fields before any application is begun, especially on the small grain. 8. Costs to the State for the enforcement procedures (Show Breakdown): Total Staff Time $ 56.66 Central Office $ 100.00 Travel Cost () $ 000.00 Laboratory Cost (see table) $000.00 TOTAL $156.66 9. Recommendations for further DWQ Action: None 10. Other Comments: NA Section III: Assessment Factors required to be considered by G.S. 143B-282.1(b) 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 has the potential to deplete dissolved oxygen in the affected water body to apoint which is harmful to aquatic life. Wastewater also contains nutrients which have the potential to sl2awn algal growth to the point which is harmful to aquatic life. Any impacted Uoundwater may eventually find its way into the surface waters stem. 2. The duration and gravity of the violation: The irrigation event was for one day however over application can cause runoff or filtration into the rg1 oundwater 3. The effect on ground or surface quantity or quality: Samples were collected and the results are as follows: No samples were pulled. 4. The cost of rectifying the damage: No known damages required corrections. 5. The amount of money saved by noncompliance: Money is saved when better management skills are implemented to improve overall mans ement of the facili environmentally and productively. 6. Whether the violation was committed willfully or intentional: NO this was clearly an oversight by the Operator in Char a and his staff. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: The Sandy Ridge farm has an overall good record. 8. The cost to the State of the enforcement procedures: Total Staff Time $ 56.66 Central Office $ 100.00 Travel Cost (} $ 000.00 Laboratory Cost (see table) $000.00 TOTAL $156.66 STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GREENE File No. PC - IN THE MATTER OF ) Little Creek Hog Farms Inc ) FINDINGS AND DECISION FOR VIOLATIONS OF SWINE WASTE ) AND ASSESSMENT OF MANAGEMENT SYSTEM ) GENERAL PERMIT AWG100000 } CIVIL PENALTIES PURSUANT TO NORTH CAROLINA ) GENERAL STATUE 143-215.1 ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush, Jr., Chief of the Aquifer Protection Section, of the Division of Water Quality (DWQ) make the following: 1. FINDINGS OF FACT A. Little Creek Hog Farms Inc owns Sandy Ridge Farm, a permitted/certified swine animal feeding operation in Greene County. B. Sandy Ridge Farm was issued Certificate of Coverage AWS400150 under NC General Permit AWG100000 for Sandy Ridge Farm on July 1, 2007 effective upon issuance, with an expiration date of September 30, 2009. C. Condition No. Il. 4, of the "Operation and Maintenance Requirements" of the General Permit states; Land application rates shall be in accordance with the Certified Animal Waste Management Plan. In no case shall land application rates exceed the agronomic rate of the nutrient of concern for the receiving crop. D. Condition No. 1[. 1, of the "Operation and Maintenance Requirements" of the General Permit states in part "the collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times." 1~. In February 2009 an over application of nutrients was applied to the small grain overseed crop on the Sandy Ridge farm in Greene County. Stantonsburg Farm Inc does not have a permit for the above described activities. The amount of over application was 30.92 Ibs/acre of nitrogen or 62% over crop necessity of 50 pounds as listed in the facility's CAWMP. F. The cost to the State of the enforcement procedures in this matter totaled $156.66 Based upon the above Findings of Facts, 1 make the following: II. CONCLUSIONS OF LAW: A. Sandy Ridge Farm is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143- 212(4). B. The affected constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. The above -cited incident violated Conditions No. 11. 1; and I1.4. of the General Permit. Condition No. II.1. states in part "the collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times." Condition No. 1I.4. states in part "Land application rates shall be in accordance with the CAWMP." D. Sandy Ridge Farm may be assessed civil penalties in this matter pursuant to G. S. 143-215.6A(a)(2), which provides that a civil penalty of not more that twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to act in accordance with terms, conditions, or requirements of a permit required by G. S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Sandy Ridge Farm pursuant to G. S. 143-215.3(a)(9) and G. S. 14313-282.1(b)(8). F. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Facts and Conclusions of Law, I make the following: III. DECISION: Accordingly, Little Creek Hog Farm Inc owner of Sandy Ridge Farm at the time of the noncompliance is hereby assessed a civil penalty of: For violating Condition No. II.4. of the General Permit for land application rates exceeding the agronomic rate of the AWMP as required by G.S. 143-215.1. TOTAL CIVIL PENALTY Enforcement costs TOTAL AMOUNT DUE As required by G. S. 143-215.6A(c) in determining the amount of the penalty I have considered the factors listed in G. S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface quantity or quality; (4) The cost of rectifying the damage; (5) The amount of money save by noncompliance; (6) Whether the violation was committed willfully or intentional; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. (Date) Theodore L. Bush, Jr. Chief Aquifer Protection Section Division of Water Quality WaRO - DIVISION OF SOIL & WATER CONSERVATION September 21, 1999 Chuck Stokes called in and reported the following: —Been 4'17X nS r7'IrS ` pe c ' re�apr �o i2a-ec ) yn i � 2 - 3 hi s ' Th L-,,, o � hf LUao� �o see 17� Ga.Qz d `x' j : 0oprn. Lost 50 hogs total from all of his operations (earlier numbers reported by the Greene Extension Service incorrect) 40-150 Sandy Ridge Lagoon may breach. Wall is moving with top peeling off and spongey. Mr. Stokes gives it a 50:50 that he may lose structure - pumping as hard as possible but having to canoe in diesel fuel (limiting factor) - pumping direct to surface waters. Planning to pump down 30 inches from top if dike holds. 40-120 Rouse's Chapel Structure has one weak spot of concern. Currently at 19 inches and taking down to 24 inches 40-131 Red Hill Structure at 28 inches and holding - lagoon is drying out 40-37 Little Creek Structure #2 - lagoon is back -siphoning back through lift station and is @ 12 inches. Mr. Stokes is laying hose on bank with tarp underneath - idling pumps and allowing to spray out Structure #1 @ 15 inches 40-158 1004 lagoon @ 18 inches 40-161 Piney Bottm lagoon @ 18 inches 54-31 Ray Hart Farm in Lenoir County lagoon #1 @ 18 inches Lagoon #2 @ 12inches Both structures were at 4-6 inches No other problems noted Information contained in this database is from non agency sources and is considered unconfirmed Farm Emergency Call Form Farm Number 0� — 150 Date 9/17/99 Farm Name Sandy Ridge Farm Time 10:24 AM Owner Frist Name lCharles L. Call Number 44 Owner Last name Stokes Jr 0 Reporting p Complaint Source IChuck Stokes 71 Breached 10 Yes Q No Freeboard Level 1 Depopulated O Yes O Freeboard Level 2 Overflowed 10 Yes Q Freeboard Level 3 LO issue JoYes O No Penn issionToPump 10 Yes O NO Freeboard Level 4 Inudated O Yes O NO Freeboard Level 5 Flooded O Yes ONO Freeboard Level 6 Pumping Equipment O Yes 07 NO Comments even.fl.l.1.joc es..of.freebnand..before.farm..as..flooded;..half.Af..ca rs..drowned.................. �4�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Caleen H. Sullins Dee Freeman Governor Director AQUIFER PROTECTION SECTION August 24, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED CM# 7009 0080 0000 5655 4645 Mr. Charles L. Stokes Jr. 782 Lower Field Road Ayden, North Carolina 28513 RE: Notice of Violation/Notice of Intent Animal Operation Compliance Sandy Ridge Farm Facility No. 40-150 Greene County NOV-2009-PC-0734 Dear Mr. Stokes: Secretary This letter is to notify you that facility # 40-150 is in violation of its CAWMP and North Carolina Administrative Code Subchapter 15A.02T section .1300 for over application of your Plant Available Nitrogen for the year 2008-2009. Mr. Martin McLawhorn from the Washington Regional Office of the Division of Soil and Water conducted an operation review on July 14, 2009 at your facility in Greene County. Your operation was referred to the Aquifer Protection Section because of the significant over application of animal waste. On July 28, 2009 Marlene Salyer of the Division of Water Quality conducted a compliance inspection confirming an over application on field SRD for the 2008-2009 small grain crop. The amount over applied was 30.92 Ibs/acre of nitrogen (62% over crop necessity) during the month of February 2009. + In accordance with condition 11, item 4 of your General Permit, land application rates shall be in accordance with the Certified Animal Waste Management Plan. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application. The Permittee shall provide to this office within ten (10) working days from receipt of this violation notice a written explanation and a plan that will ensure that the problem does not recur. Your North Carolina Division of Water Quality Intemet: www.ncwateruuality.ore. 943 Washington Square Mall Phone: 252-946-6481 One Washington, NC 27889 FAX 252-946-9215 NorthCarofina An Equal OpportunitylAlfirmative Action Employer — 50% Recycled/10% Post Consumer Paper ;Vaturally Cont. Page Two August 24, 2009 Sandy Ridge Farm #40-150 explanation will be reviewed and be advised that if this violation continues, the Division will send recommendation for enforcement action to the Director of the Division of Water Quality. It is very important as the owner and/or the Operator in Charge that the aforementioned violations/deficiencies and any other problems that may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist. Thank you for your assistance and cooperation during the inspection. If you have any questions concerning this matter, please contact me at 252-948-3939, or Marlene Salyer, 252-948-3846. Sincerely, r David May Aquifer Protecti /hReggional Supervisor Washington Regional Office Cc: Greene County Soil and Water Conservation District NCDSWC-WaRO A "'er Protection Animal Central Files aRO Compliance Animal Files MDS Files Am, D� North Carolina Department of Environment and Natural Resources Division of Soil & Water Conservation Beverly Eaves Perdue Governor Mr. Charles L. Stokes, Jr. 782 Lower Field Road Ayden, NC 28513 Dear Mr. Stokes: Patricia K. Harris Director July 21, 2009 Dee Freeman Secretary SUBJECT: Operation Review Notice of Referral for Sandy Ridge Farm, Facility Number 40-150 Greene County On July 14, 2009, an operation review was conducted of Sandy Ridge Farm, facility number 40-150, in Greene County. This review, undertaken in accordance with G.S. 143-215.1 OD is one of two routine site visits scheduled for all subject animal operations in 2009. The Division of Water Quality will conduct a separate compliance inspection. During the operation review, the following was noted: • Over application of nitrogen, field SDR crop small grain overseed (26.06 acres), amount of over application was 31.37 lbs of nitrogen per acre during the month of February 2009. It was for this reason that your operation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires staff from the Division of Soil and Water Conservation to notify the Division of Water Quality and the owner/operator of these observed violations. A copy of the operation review is enclosed for your information. Site findings and recommended corrective actions as discussed are noted in the comment sections. Please remember that in order for your facility to remain in compliance with environmental regulations, animal waste cannot be discharged into waters of the State and the animal waste collection, treatment, storage and disposal systems must be properly maintained operated under the responsible charge of a certified operator. 1614 Mail Service Center, Raleigh, North Carolina 27699-1614 Phone; 919-733-23021 FAX: 919-715-35591 Internet: www.enr.state.nc.us1DSWC Nne orthCarolirta An Equal Opportanily 1 Affirmative Action Employer Mr. Charles L. Stokes Jr. July 21, 2009 PAGE 2 On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with this operation review. Please do not hesitate to contact me at 252-948-3903 if you have any questions, concerns or need additional information. Sincerely, Martin McLawhorn Environmental Specialist cc: David May, Division of Water Quality -Aquifer Protection Greene County Soil and Water Conservation District Vernon Cox, Technical Services, Division of Soil and Water Danny Edwards, Environmental Supervisor, Fayetteville Regional Office DSWC-WARO files j� Division of Water Quality Division of Soil and Water Conservation ❑ Other Agency Facility Number: 400150 Facility Status: Active Permit: AWS4 0150 _ ❑ Denied Access Inspection Type: Operations Review Inactive or Closed Date: Reason for Visit: Routine County: Greene Region: Washington Date of Visit: 1141 Entry Time:08:45 Ate_ Exit Time: 01700 PM Incident #: Farm Name: Sandy Ridge Farm Owner Email: clsi58eamaii.com. _ Owner: Charles L Stokes Jr Phone: 252-746-9182 Mailing Address: 782 Lower Field Rd Ayden NC 28513 Physical Address: 782 Lower Field R Avden NC 28513 Facility Status: n Compliant ❑ Not Compliant Location of Farm: Integrator: Bunting Farms _ Latitude: 35'28'23" . _ Longitude: 77'29'57" Farm is located off NCSR 1337 in Greene County. Farm entrance is on the eastern side of NCSR 1337 approximately 0.4 miles from the intersection of NCSR 1337 and NC Highway 903. Question'Areas: Discharges & Stream Impacts Waste Collection & Treatment Waste Application Records and Documents Other Issues Technical Assistance Certified Operator: Charles L. Stokes Secondary Old(s): Operator Certification Number: 18513 On -Site Representative(s): Name Title Phone , 4 hour contact name Chuck Stokes Phone: On -site representative Chuck Stokes Phone: Primary inspector: Martin lAclaw rn Phone: ,;7 Inspector.Signature: bate: Secondary Inspector(s): Inspection. Summary: 11. Field $RD, 26.06 acres, crop small grain overseed, pan rate 50 Ibs nitrogen per acre. Amount of overapplication 31.37 Ibs of nitrogen per acre during Feb 2009. Notice of Referral to DWQ 'WUP dated 6/23/05 'Soil test for 2009 taken -waiting for results. 'Reviewed stocking records and crop yields. 'Irrigation calibration aerway flow meter in line at pump and reel, 'sludge survey work in progree need to complete by Dec 31, 2009 21 M1 ssing rainfall events Feb 23, 2009 thru June 8,2009 also missing initials for events greater than one inch. Page: 1 Permit: AWS400150 Owner - Facility: Charles L Stokes Jr Facility Number : 400150 Inspection Date: 07/1412009 Inspection Type: Operations Review Reason for Visit: Routine Regulated Operations Design Capacity Current Population Swine Q. Swine -Feeder to Finish 7,344 5,891 Total Design Capacity: 7,344 Total SSLW: 991,440 Waste Structures Type Identifier Closed Date start Date Designed Freeboard Observed Freeboard agoon 1 05/01/95 19.00 24.D0 Page: 2 Permit: AWS400150 Owner - Facility: Charles L Stokes Jr Facility Number : 400150 Inspection Date: 07/14/2009 Inspection Type: Operations Review Reason for Visit: Routine Discharges & Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? Q ■ ❑ D Discharge originated at: Structure ❑ Application Field In Other rl a. Was conveyance man-made? n ■ n n b. Did discharge reach Waters of the State? (if yes, notify DWQ) Q ■ n n c. Estimated volume reaching surface waters? d. Does discharge bypass the waste management system? (if yes, notify DWQ) n ■ n n 2. Is there evidence of a past discharge from any part of the operation? n ■ n n 3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a n ■ n n discharge? Waste Collection, Storage & Treatment Yes No NA NE 4. Is storage capacity less than adequate? n ■ n n If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (LeJ large trees, severe n ■ n n erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a waste management n ■ n n or closure plan? 7. Do any of the structures need maintenance or improvement? n ■ n n S. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, ❑ ■ Q Cl dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require maintenance or n ■ n n improvement? Waste Application Yes No NA NE 10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or ■ n n improvement? 11. Is there evidence of incorrect application? ■ n n n If yes, check the appropriate box below. Excessive Ponding? fl Hydraulic Overload? fl Frozen Ground? fl Heavy metals (Cu, Zn, etc)? fl Page: 3 Permit: AWS400150 Owner • Facility: Charles t_ Stokes Jr Inspection Hate: 07114/2009 Inspection Type: Operations Review Facility Number : 400150 Reason for Visit: Routine Waste Application Yes No NA NE PAN? n Is PAN > 10%110 Ibs.? ■ Total P205? Q Failure to incorporate manure/sludge into bare soil? n Outside of acceptable crop window? n Evidence of wind drift? n Application outside of application area? Crop Type 1 Coastal Bermuda Grass (Hay, Pasture) Crop Type 2 Small Grain Overseed Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Pactolus Soil Type 2 Kenansville Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste Management n ■ n n Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? n ■ n n 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination? n ■ n n 17. Does the facility lack adequate acreage for land application? n ■ n n 18. is there a lack of properly operating waste application equipment? n ■ n n Records and Documents Yes No NA NE 19. Did the facility fail to have Certificate of Coverage and Permit readily available? n ■ n n 20. Does the facility fail to have all components of the CAWMP readily available? n ■ n n If yes, check the appropriate box below. WUP? Page: 4 Permit: AWS400150 Owner - Facility: Charles #_ stokes Jr Facility Number : 400150 Inspection Date: 07/14/2009 Inspection Type: Operations Review Reason for Visit: Routine Records and Documents Yes No NA NE Checklists? n Design? n Maps? Other? 21, Does record keeping need improvement? ■ n 13.0 If yes, check the appropriate box below Waste Application? 120 Minute inspections? ❑ Weather code? n Weekly Freeboard? n Transfers? n Rainfall? n inspections.after > 1 inch rainfall & monthly? ■ Waste Analysis? [1 Annual soil anaiysis? Crop yields? ❑ Stocking? ri Annual Certification Form (NPDES only)? fl 22. Did the facility fail to install and maintain a rain gauge? n ■ n D 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)? n ■ n n 24. Did the facility fail to calibrate waste application equipment as required by the permit? n ■ n ri 25. Did the facility fail to conduct a sludge survey as required by the permit? ❑ ■ n n 26. Did the facility fail to have an actively certified operator in charge? n ■ n n 27, Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? n ■ n n Other Issues Yes No NA N 28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? fl ■ rl 29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those n ■ 0 n mortality rates that exceed normal rates? 30, At the time of the inspection did the facility pose an air quality concern? if yes, contact a regional Air n MOD Quality representative immediately. Page: 5 Permit: AWS400150 Owner - Facility: Charles L Stokes Jr Inspection Gate: 07/14/2009 Inspection Type: Operations Review Facility Number : 400150 Reason for Visit: Routine Otherlssues Yes No NA NE 31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? n ■ n n 32. Did Reviewer/Inspector fail to discuss reviewlinspection with on -site representative? n ■ n n 33. Does facility require a follow-up visit by same agency? n ■ n n Page: 6 O ,d WArF9�G Michael F. Easley, Gorremar William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources Alan W. lUmek, P.E. Director p Division of Water Quality _ �- -- --- - - - - -July 23, 2003_-- CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Charles Stokes 782 Lower Field Road Ayden NC 28513 Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency Sandy Ridge Farm #40- I50 Greene County Dear W. Stokes: Thank you for your recent submittal of the information requested in our letter dated April 16, 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 no further compliancelenforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 16, 2003 and replaces it with this Notice of Deficiency. 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 levels 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, J' Mulligan, Water Quality Supervisor Washington Regional Office CC: Non -Discharge Compliance and Enforcement Unit Central Files - WaRO files rP KCDEN-R Customer Service: Ma111ng Address: Telephone: (919) 733-5083 Location: 1 6D0 623-7748 16V Mail Service Center Fa)c (919) 733-0059 ' 512 N. Salisbury St. Raleigh, NC 27699-161 7 State Courier #52-01-01 Raleigh, NC 27699-1617 State of North Carolina Department of Environment and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED 4.� l �� DENFt' 4 NC VROLINA ENvIRpNmmNT AND NAruRAL RESgL3RCES DIVISION OF WATER QUALITY January 26, 1999 Mr. Charles Stokes, Jr. Sandy Ridge Farm Rt. 1, Box 359 Ayden, North Carolina 28513 SUBJECT: Notice of Deficiency Animal Feedlot Operation Site Inspection Sandy Ridge Farm Facility No. 40-15D Greene County Dear Mr. Stokes: On May.5, 1998, 1 conducted an Animal Feedlot Operation Site Inspection at the Sandy -Ridge 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 2H.0217, Senate Bill 1217, the Certified Animal Waste Management Plan and the General Permit; (3) the farm operation's waste management system is being operated properly 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. 1. Failed to have the required current waste analysis. The wastewater must be sampled within sixty (60) days of application. It is 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252/94"481 FAX 2521975-3716 An Equal Opportunity Affirmative Action Employer Page Two Sandy Ridge Farm Facility No. 40-150 January 26, 1999 suggested to collect a sample for analysis every 120 days -to meet the requirement. You must have a current waste analysis to have accurate irrigation records. It is very important as the owner and the Operator in Charge that you resolve these aforementioned deficiencies and any other problems that may arise, as soon as possible. For additional assistance, please contact your Technical Specialist. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. Thank you for your cooperation and assistance during the inspection. Should you have further questions or comments regarding this inspection, do not hesitate to call at (252) 946-6481, ext. 321. Sincerely, Z;�E' • L&' Daphne B. Cullom Environmental Specialist CC.' Greene County SWCD Office Greene County NCCES Office DSWC-WaRO Dr. Garth Boyd, Murphy Family Farms Cgmpliance Group vWaRO KA tatvtsion:vt �ou:ana. water-c oaservauon -.t� erattan xevtew�� �;, --�- - � �� - �� �i�srF.�.Y_E .., d:�..T3.'.' x " yea*- .s'. - y.a �.a.E•. d y .-m � S �. -�,' '—�' � a� �� �p Drvtston.of Soil`and Wafer Canservafion CompltancesItispectton �.- �-� �-- °� � . b - �- a � ��� Dtvtston_of:W titer,Quahiy.- Compltance�`Inspectton �, ., _ �;`� - � , a mpiaint p Poiiow-up of uwtt inspection p Po I Facility Number I p Registered N Certified p Applied for Permit N Permitted -up of uawL, review p utner Date of Inspection Time of I nspection � 24 hr. (hh:mm) Not 0perationa Date Last Operated: Farm Name: Samly..Ridge.F.aran................... ....... County: Greene WARO Owner Name: Charles.l,................... ......... S.t0iie4.,1x................................................... Phone No: .T.96.3:CxG4................................................................... Facility Contact: Title: Phone No:.... MailingAddress: RL.l.,.B:ax.3.0....................................................................................... Ayden..AC ............................................................. Z851a .............. Onsite Representative: Chark.&SIolms megrator:l!= urphy...family.farms...................................... Certified Operator:Clear_lesL ............................. Stakes................................................ Operator Certification Number: 185n............................. Location of Farm: Latitude 0• ®° E Longitude ©� �• Swine Capacity Population ❑ ean to Feeder ® Feeder to E ❑ arrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Poultry Capacity Population Cattle Capacity Population ❑ Layer p an ❑ Non -Layer JEJ on- airy ❑ Other Total Design Capacity 7,344 Total SSLW 991,4 Number of Lagoons / Holding Ponds ❑ u sur ace rams resent ❑ agooea�a 5pray ietd Area ❑ No Liquid Waste Management System General 1. Are there any buffers that need maintenance/improvement? p Yes ® No 2. Is any discharge observed from any part of the operation? p 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 Surface Water? (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 3. Is there evidence of past discharge from any part of the operation? ❑ Yes H No 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes ® No 5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes N No maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes N No 7. Did the facility fail to have a certified operator in responsible charge? ❑Yes ®No 7/25/97 aci ity um er: 40_150 Date of Inspection 8. Are there lagoons or storage ponds on site which need to be properly closed? p Yes ® No Structures (Lagoons,Holdin2 Ponds Flush Pits etc' 9. Is storage capacity (freeboard plus storm storage) I ss than adequate? p Yes ® No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ................................... Freeboard (ft): 2.25 ft. (27 in.) 1 10. Is seepage observed from any of the structures? p Yes ® No 11. Is erosion, or any other threats to the integrity of any of the structures observed? p Yes ® No 12. Do any of the structures need maintenance/improvement? [3 Yes ®No (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? p Yes N No Waste Application 14. Is there physical evidence of over application? p Yes ®No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type-----.CoastalBermuda-Grass ...................... .......wheat. .......... ........... ....... Corn.(S.ilage.& Grain) .................................. .......... .......... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 13 Yes ® No 17. Does the facility have a lack of adequate acreage for land application? p Yes W No 18. Does the receiving crop need improvement? 13 Yes ® No - 19, Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 22. Does record keeping need improvement? For Certified or Permitted Facilities Onlv 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? R .. e yxeisqpopionas.co�r ciencies-were.nte uringt s visit. ou Will..r.e_ceive no .u...er . .:.. :W10 0is0M. .. . p Yes ® No ' p Yes ® No p Yes ® No p Yes W No p Yes M No p Yes ® No p Yes M No r Reviewer/Inspector Name Reviewer/Inspector Signature: U11W7 ..77;;, Date: _ _4 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan S. Howes, Secretary A. Preston Howard, Jr., P.E., Director Charles L. Stokes Jr Sandy Ridge Farm Rt 1 Box 359 Ayden NC 28513 Dear Mr_ Stokes Jr: �6HNR April 3, 1997 west{�M RIM FFICE APR 0 7 1997 M E M. t=� SUBJECT: Notice of Violation Designation of Operator in Charge Sandy Ridge Farm Facility Number 40--150 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, )"d �J''X-4,0., for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Washington Regional Office Facility File Enclosure P.O. Box 29535. N��y� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 �� An Equal Opporturil y/Affirmative Action Employer Telephone 919-733-7015 50% recycles/ 10°,6 post -consumer paper NORTH CAROLINA ..� Department of Environmental Qua ENFORCEMENT ENFORCEMENT ENFORCEMENT W a rer R esources ENVIRONMENTAL, OEIALITv April 28, 2016 Mr. Charles L. Stokes Sandy Ridge Farm 782 Lower Field Road Ayden, North Carolina 28513 Subject: Notice of Deficiency Freeboard Level Sandy Ridge Farm 440-150 AWS 400150 Greene County NOD-2016-PC-0104 Dear Mr. Stokes: PAT MCCRORY ;my "wr DONALD R. VAN DER VAART .k'rttra;�- S. JAY ZIMMERMAN We have noted chronic rainfall events in North Carolina that are historic rainfall totals in some areas. Thank you for your recent call regarding the freeboard levels at your facilities. On February 9, 2016, during a telephone conversation with staff of the NC Division of Water Resources (DWR), you reported a high freeboard level (14 inches) in the primary lagoon. Please be advised that failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan and with Condition V. 2. of NC Swine Waste System General Permit could result in other actions being taken by the Division in response to compliance matters. Deficiency 1: On February 9, 2016, a lagoon/storage pond level was documented at 14 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. Thank you for submitting a 30-day Plan of Action on February 9, 2016. Take all necessary additional steps to ensure lagoon levels remain in compliance with Section 2 of your permit. Please work to ensure that your facility is managed in a way to maintain compliance with permit and animal waste management plan requirements. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water State o{North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations -Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 252-946-6481 April 28, 2016 Sandy Ridge Farm Cont. Page Two Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215,6A. To minimize the potential for any possible future compliance matters attributable to prolonged wet weather conditions, you may wish to review your animal waste management system design, as well as the waste plan itself, for any potentially beneficial modifications and/or improvements. If you have any questions concerning this letter, please contact me at (252)-948-3939. Sincerely, David May Water Quality Regional Operations Supervisor Washington Regional Office Cc: DWR-WQROS-CAFO Unit -Central Office Greene County Soil and Water Conservation District NCDSWC - WaRO WaRO Compliance Animal Files mds Files Ala ter Resources LKViP ON MtINI AL 00 A; I I Y April 11, 2016 Mr. H. G. Maxwell Mr. Gordon's Farm PO Box 10009 Goldsboro, North Carolina 27532 Subject: Notice of Deficiency - Freeboard Level Mr. Gordon's Farm 440-151 AWS 400151 Greene County NOD-2016-PC-0060 Dear Mr. Maxwell: PAT MCCRORY 7� DONALD R. VAN DER VAART S. JAY ZIMMERMAN We have noted chronic rainfall events in North Carolina that are historic rainfall totals in some areas. Thank you for your recent call regarding the freeboard levels at your facilities On February 25, 2016, during a telephone conversation with staff of the NC Division of Water Resources (DWR), you reported a high freeboard level (18 inches) in the primary lagoon. Please be advised that failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan and with Condition V. 2. of NC Swine Waste System General Permit could result in other actions being taken by the Division in response to compliance matters. Deficiency 1: On February 25, 2016, 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. If you have not submitted a 30-Day Plan of Action please do so as soon as possible. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. State of North Carolina I Environmental Quality I Wafer Resources —Water Quality Regional Operations —Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 257-946-6481 April 11, 2016 Mr. Gordon's Farm Cont. Page Two Please work to ensure that your facility is managed in a way to maintain compliance with permit and animal waste management plan requirements. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. To minimize the potential for any possible future compliance matters attributable to prolonged wet weather conditions, you may wish to review your animal waste management system design, as well as the waste plan itself, for any potentially beneficial modifications and/or improvements. If you have any questions concerning this letter, please contact me at (252)-948-3939. Sincerely, .g David May Water Quality Regional Operations Supervisor Washington Regional Office Cc: DWR-WQROS-CAFO Unit -Central Office Greene County Soil and Water Conservation Disrict NCDSWC - WaRO WaRO Compliance Animal Files mds Files