940008_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

=OF WArF9v
O G
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❑ 'C
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 3110 0002 0603 2341
Mr. Gerald Allen
Gerald Allen Farm
5262 Highway 32 South
Plymouth, NC 27962
Dear Mr. Allen:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Aquifer Protection Section
January 11, 2005
SUBJECT: NOTICE OF VIOLATION
Animal Feedlot Operation Compliance Inspection
Gerald Allen Farm
Facility No. 94-08
Washington County
This letter is to notify you that the subject facility is in violation of its Certified Animal Waste Management Plan, General
Permit, Title 15A North Carolina Administrative Code, Subchapter 2H, Section .0217(d) and N.C.G.S. 143-215.1,
On October 12, 2004, Scott Vinson from the Washington Regional Office of the Division of Water Quality (DWQ)
conducted an Animal Feedlot Operation Compliance Inspection at the Gerald Allen Farm in Washington County. A copy
of the inspection report is attached for your review. In general, the Compliance Inspection was to determine if. (1) the farm
has a Certified Animal Waste Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules
15 NCAC 2H.0217, Senate Bill 1217, and the Certified Animal Waste Management Plan; (3) the farm operation's waste
management system is being operated properly under the direction of a Certified Operator; (4) the required records are
being kept; and that (5) there are no signs of seepage, erosion, and/or runoff. The following violations were observed during
the inspection:
➢ The lagoon wall is in need of mowing and spraying for weed control to allow for routine visual inspections. In
accordance with condition 11, item 10 of your General Permit, a protective cover shall be established and maintained
on all lagoon/storage pond embankments (outside toe of ernbackment to maximum pumping elevation), berms, pipe
runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the
lagoon/waste storage pond embankments. All trees shall be removed in accordance with good engineering
practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept mowed.
➢ The waste level gauge in the lagoon is inaccurate. The lagoon freeboard was being read and recorded at 36 inches
where upon visual inspection there was only a freeboard of approximately 20 inches. The waste level gauge needs
to be re -sited with help from your technical specialist. In accordance with condition 111, item 2 of your General
Permit, you are required to install a waste -level gauge to monitor waste levels that shall have readily visible
permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume, minimum
liquid level at the bottom of the temporary liquid storage volume and the top of the dam elevations.
N orthCarolina
j1 aturally
North Carolina Division of Water Quality - Washington Regional Office
Internet: h2o.enr.state.nc.us 943 Washington Square Mall, Washington, NC 27889
An Equal Opportunity/Affirmative Acton Employer— 50°% Recyded/l0°% Post Consumer Paper
Phone [phone] Customer Service
FAX [phone]

v
Page Two
Notice of Violation
Januaryl 1, 2005
Gerald Allen Farm
It is very important as the owner and/or the Operator in Charge that these aforementioned violations and any other problems
that may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist.
You are requested to respond in writing within ten (10) days of receipt of this Notice, outlining the corrective actions that
have been undertaken and/or have been planned to address these violations and any further actions taken to prevent future
violations of this nature from occurring. Your explanation will be reviewed and if an enforcement action is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Please
be advised that this letter does not prevent the Division of Water Quality from taking enforcement actions for past or future
violations.
Thank you for your cooperation and assistance. if you have any questions concerning this matter, please contact me at
252-948-3939 or Scott Vinson at 252-948-3848.
Sincerely,
oal/�Jj)j
David May -
Regional Supervisor
Aquifer Protection Section
cc. Washington County SWCD Office
DSWC WaRO
APS, Animal Feeding Operation Compliance and Enforcement Unit
WaRO Files
JSAV Files
D M/sav

Y
Type of Visit p. Compliance Inspection Q Operation Review Q Structure Evaluation O Technical Assistance
Reason for Visit O Routine O Complaint O Foliow up O Referral O Emergency O Other ❑ Denied Access
Facility Number 94 g Date of Visit: 10112Ro0-t Time: 8:4Q
O Not O erational O Below Threshold
® Permitted ® Certified [3 Conditionally Certified 0 Registered Date Last Operated or Above Threshold ......... ----.._._.---
Farm Name: G.CrWd. eia.FA rya-..„....------------- Count•:
Owner Name: G.CrWd„..................... — ........ Alletl ._...._.................-..._......„.„.__.. _ Phone No:
Mailing Address: S�f igk� 7t.3.Satlth.„........................ ..................................... - ..................... „...... .......... _........ 27.9G«..............
Facility Contact: ^-............................ ._.Title: Phone No:
Onsite Representative: GcrAJd..AJlCA.............. .. Integrator:Baa i�ng_Farms_..__......._.�_..
Certified Opera tor:GgrAkd..E .......................... .... Alicia.............„....... Operator Certification Number:1$$,2J_....... _ ....
Location of Farm:
On the north side of NC 99 & 45; 2.5 miles SE of junction with NC 32.
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 • 45 00 - Longitude 1 76 ' 407100 '�
Design Current
Swine rnnscity Panulatinn
❑ Wean to Feeder
® Feeder to Finish
2000
2000
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population Cattle Ca aci Po ulation
❑ Layer ❑ Dairy
❑ Non -Layer ❑Non-Dain
❑ Other
Total Design Capacity 2,000
Total SSLW 270,000
Number of Lagoons 1
inip! Solid Trans
Discharges & 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, notiA, DWQ)
c. If discharge is observed, what is the estimated flow in sal/min.)
d. Does discharge bypass a lagoon system? (If yes. notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes M No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes M No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: .... ...............
Freeboard (inches): 20 _
12112103 Continued

Facility Number: �= 94-8 • . �.. Date of Inspection 10/12/2004 ' V
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes N No
seepage, etc.)
6- Are there structures on -site which are not properly addressed and/or managed through a waste management or ❑ Yes N No
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? N Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes N No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level N Yes ❑ No
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes N No
11. is there evidence of over application? if yes, check the appropriate box below. ❑ Yes ® No
[:]Excessive Pond ing ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc > 3000
12. Crop type Corn (Silage & Grain) Wheat
13. Do the receiving crops differ with those designated in the Certified Anima! 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?
Odor Issues
17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
18. Are there any dead animals not disposed of properly within 24 hours?
19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional
Air Quality representative immediately.
❑ Yes N No
❑ Yes N No
❑ Yes ❑ No
❑ Yes N No
❑ Yes N No
❑ Yes N No
Comments;(refer. to:questton #) t xplain any YES_ans►}ers and/or any recommendations orany other comments. =-
{Use di`'awings of facdity�,to better;explain;situations'(use"additianal pages as necessary) ` [I Field Copy Final Notes +
4,`_„t" .t:l, �]:.:..F- i .1.�' - - :,ram
* Waste 6/23/04 = 2.4 IbsN/1000gal
12/11/03 = 1.6
5/13/03 = 1.9
* Soils test 1/21/04 with no lime required and Cu & Zn within guidelines.
Irrigation events on corn on July 11-14, 1004 on fields 27 & 28. Need to finish balancing out PAN on IR10 form. Only applied 87 Ibs
, no overapplication.
I'll speak with Rufus Croom about waste plan including soybeans. Could not find beans in current waste plan.
Need to secure a new waste analysis for applications to be made on wheat crop.
) *** NEED TO LOWER LAGOON AS SOON AS POSSIBLE!
Reviewer/Inspector Name Scott'Vins no-
Reviewer/Inspector Signature: ` Date: i� % t'
12112103 Continuer)

Facility Numbei: 94Date of Inspection 10112/2004
Re uired Records & Documents
21. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes ® No
22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes ® No
23. Does record keeping need improvement? If yes, check the appropriate box below.
❑ Yes ® No
❑ Waste Application ❑ Freeboard ❑ Waste Analysis ❑ Soil Sampling
24. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes ®No
25. Did the facility fail to have a actively certified operator in charge?
❑ Yes ®No
26. Fail to notify regional DWQ of emergency situations as required by General Permit?
(iel discharge, freeboard problems, over application)
❑ Yes ® No
27. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes ® No
28. Does facility require a follow-up visit by same agency?
❑ Yes ® No
29. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes ® No
NPDES Permitted Facilities
30. Is the facility covered under a NPDES Permit? (If no, skip questions 31-35)
❑ Yes ® No
'3 L If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes ❑ No
32. Did the facility fail to install and maintain a rain gauge?
❑ Yes ❑ No
33. Did the facility fail to conduct an annual sludge surveil
❑ Yes ❑ No
34. Did the facility fail to calibrate waste application equipment?
❑ Yes ❑ No
35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below.
❑ Yes ❑ No
❑ Stocking Form ❑ Crop Yield Form ❑ Rainfall ❑ Inspection After I " Rain
❑ 120 Minute Inspections ❑ Annual Certification Form
❑ No violations or deficiencies were noted during thisvisit You will receive no further correspondence about this visit.
12112103

ljliAr Michael F. Easley, Governor
O !gQ William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. l4imek, P.E. Director
r: Division of Water Quality
Febmary 3, 2004
Mr. Gerald Allen
Gerald Allen Farm
5262 Hwy 32 South
Plymouth, NC 27962
SUBJECT: NOTICE OF DEFICIENCY
Animal Feedlot Operation Compliance Inspection
Gerald Allen Farm'
Facility No. 94-8
Washington County
Dear Mr. Allen:
This leueris to notif-v You That the ect facility is in violation of its Certified Animal Waste Management Plan, General Permit,
Title 15A North Carolina Administrative Code, Subchapter 2H, Section .0217(d) and N.C.G.S. 143-215.1.
On September 11, 2003, Mr. Scott Vinson from the Washington Regional Office of the Division of Water Quality (DWQ) conducted
an Animal Feedlot Operation Compliance Inspection at the Gerald Allen Farm'in Washington County. A copy of the inspection report
is attached for your review. In general, the Compliance Inspection was to determine if: (1) the farm has a Certified Animal Waste
Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 211.0217, Senate Bill 1217, and
the Certified Animal Waste Management Plan; (3) the farm operation's waste management system is being operated properly under the
direction of a Certified Operator, (4) the required records are being kept; and that (5) there are no signs of seepage, erosion, and/or runoff.
The following deficiencies were observed during the inspection:
=_ ➢ - ' During the compliance inspection -it was noted that there were missing freeboard records from July 21, 2002 through December of
2402:= In accordiince with condition III, item 2 of your General Permit;=you are.rgWred to -record weekly -lagoon levels on.forms
-- : provided'and/or approved by DWQ. -Please contact your.technical specialist;, Rufus Crook to assist with installing a gauge with;
- �- readily visible markings indicating the maximum liquid level at the top of the temporary. liquid storage volume, minimum•liquid level,,
at the bottom of the temporary liquid storage volume, and the top of dam elevations
- ➢ The lagoon was were in need of mowing to allow for routine visual inspection. In'accordance -with condition II, item 10 of. your
- General Permit, a protective cover shall be established and maintained on all lagoon/storage pond embankments (outside -toe of _
embackment to maximum pumping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody
`vegetation shall not be allowed to grow on the lagoon/waste storage pond embanlnnents. All trees shall be removed in accordance
with good engineering practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept mowed`
D All waste application events on the 2003 corn crop had not been recorded and/or PAN balanced In accordance with condition III_
item 5-of your General -Permit,. records; including land application event(s) and removal of solids to an off -site location(s) records, -
shall be maintained by the Permittee m chronological and legible form for a minimum of three years. These records shall be
- maintained on forms provided or approved by the DWQ and shall be readily available for inspection
'As a reminder, please note the following comments, which are conditions of -the Certified Aniinal Waste Management Plan and the
. General Permit; -therefore, these items must be implemented: _ . - - . _ .
cp The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste ..
- level-foi Waste for lagoons/storage ponds must not exceed the level that provides adequate storage to contain 25 year, 24 hour storm , ,-,.: _
event plus an additional foot of structural freeboard _
-4 -An -analysis of the liquid animakvaste from the lagoon shall be conducted,as:close,to;theLtiine of application as practical and at least .
within°60 clays (before or osier) -of.the date of application. This -analysis shall include the,following parameters: Nitrogen,
Phosphorus, Zinc and Copper.' a
943 Washinaton Sauare Mall Washinaton. NC 27889 f252) 946-6481 rreleohone) 1252) 94&9215 fFax)
T
Customer Service

Page Two
February 3. 2004
Gerald Allen Farm
T Soil analysis is required annually. Lime is to be applied to each receiving crop as recommended by the soil analysis.
(p The following records are required off -site solids removal, maintenance, repair, wastetsoil analysis and land irrigation records.
Thy records should be maintained by the facility owner/manager in chronological and legible form for a minimum of three years.
q) Land application rates shall be in accordance with the CAWMP. In no case shall land Whcation rates exceed the Plant Available
Nitromen (PAN) rate for the receiving crop or result in runoff during gttven_application.
T All grassed waterways shall have a stable outlet with adequate capacity to prevent ponding or flooding damages. The outlet can be
another vegetated channel, an earth ditch, stabilization structure, or other suitable outlets.
9 It is suggested not a requirernent, to keep crop yield information for future use to update your waste management plan You will
need three years of crop yield data before your plan can be updated
cp The 01C has the duties to ensure that waste is applied in accordance with the CAWNIP and General Permit by properly managing.
supervising, and documenting daily operation and maintenance. The OIC also has the responsibility to certify monitoring and
reporting information. The failure of an OIC to perform his/her duties can result in a letter of reprimand, suspension, of certification,
or revocation of certificates.
It is very important as the owner and/or the Operator in Charge that these aforementionedviolations 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 cooperation and assistance. If you have any questions concerning this matter, please contact me at 252-946-6481,
at ext. 208.
Sincerely, ,
Scott Vinson
Environmental Engineer
cc: Washington County SWCD Office
DSWC-WaRO
DWQ Central Files
, W-aaRO
SAV Files

(Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Fallow up O Emergency Notffication O Other ❑ Denied Access
Facility Number 94 $ Date of Visit: 09/11/2003 Time: 11:4D
NNot Operational O Below Threshold
® Permitted.- ® Certified [3 Conditionally Certified 13 Registered Date Last Operated or Above Threshold:........................
Farm Name: .............................
County: Washiztgton.................................... WaRO........
Owner Name: G.cr;dd .....................................AWL............................................................ Phone No: 252-191r.3.826.............2��: ......
Mailing Address: S�G2.�aghY�,�l'.�2.SRtl1<h............................
----.....---•......................... Flyllza.U>kh...IY.c....... ................................................ Z7.9.6.2 .............
Facility Contact:
Title:
Phone No:
OnsiteRepresentative: 1!IQ..c?1ue.(11715ite.............................................................................. Integrator: Bm ting.Farms......................................................
Certified Operator:.Gxg1C.ald..E ............................... Allcu .................................................. Operator Certification Number:].SR2.1..............................
Location of Farm:
On the north side of NC 99 & 45; 2.5 miles SE of junction with NC 32. IA.
® Swine El Poultry ❑ Cattle El Horse Latitude 35 45 ' 00 Longitude 76 46 00
Design Current Design Current Des1gfi Current:
Swine Capacity -:Po ulation .Poultry ` Ga acit' Po ulation .,Cattle Ca' acrt .-Po- ulation
❑ Weary to Feeder- ❑ Layer ❑ Dairy
® Feeder to Finish 2000 10 Non -Layer :;` ❑ Nan -Dairy
❑ Farrow to Wean"_
❑ Farrow to Feeder " ❑Other _
❑ Farrow to Finish "
Total Design Capacity '2,000
❑ Gilts
El Boars- Total SSLW . 270,000
Number of Lagoons 1 ❑ Subsurface Drains Present ❑ Lagoon Area ][]Spray Field Area
Holdin Ponds /-Solid Traps
g p - � ; _.� ❑ No Liquid Waste Management System
Discharges & Stream Impacts
L- Is any discharge observed from any part of the operation?
-- Discharge originated at: - [],Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? :.
❑Yes ®No'''=
❑ 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 Stricture 6
Identifier: ...................................................................... .................................... ................................... ................................... ...................................
Freeboard (inches): —23 - 24"
05103101 Continued

Facility Number: 94-5
Date of Inspection 09/11/2003
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type Corn, Soybeans, Wheat
i
❑ Yes
® No
❑ Yes
® No
® Yes
❑ No
❑ Yes
®No
® Yes
❑ No
❑ Yes
®No
❑ Yes
O No
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 or other Permit readily available?
18. Does the facility fail to have all components.of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
,19. Does record keeping need improverent? (ie/.iirigation, freeboard, waste analysis &soil sample reports)
20. Is facility not in compliance'witli any:appiicable 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)
T 23. Did Reviewer/Inspector failto 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?
❑ Yes
® No
❑ Yes
® No
❑ Yes
® No
❑ Yes
® No
,, ®fYes
❑ No-
❑ lYes,
E No
❑ Yes
® No
[]Yes.
No
❑ Yes
[I
❑ No
❑ Yes
®No
❑ Yes
N No
0 - No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Comments refer to: uestioii# Ex lean an YESlanswers and/or any4ecommendations or any other comments
Use drawingsaof facility to better explain situations (use additional pages as necessary)
, Field Copy El Final Notes
.k y - -.. _-} yz�£ L �E ,{,i X _ �1n'iglrr, _'�
'� - "--�,.�_. ,.... �; �_ "�� ..� �-•.:u_,�i.�_.. -...,----. _"'tr _ I.- �w _liv ?�t�-. ?T.: .xis^'"
See next page for comments.
A.
.r
w
Reviewer/Inspector Name Scott V s Entered by; Portia Peaden
, ,, w„, i r;.: y ,:.:-„ _
Reviewer/Inspector Signature: Date: ,� o
05103101 Continued

Facility Number: 94-8 Date of Inspection 09/11/2003
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atior 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 N 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 N 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 N No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes N No
32. Do the flush tanks lack a submerged fill pipe or a permanenthemporary cover? ❑ Yes ❑ No
* Waste report dated: 7/16/02 with 2.1 lbs. N11000 gal.
10/11/01 with 1.9 lbs. N/1000 gal.
5/13/03 with 1-.9 lbs. N/1000 gal: -
Mr. Allen is currently picking corn and told me his records would be in farm office.
Missing freeboard records from July 21, 2002 through December 2002.
The Iagoon walls need mowing to allow for routine visual inspection. Freeboard level kept in "feet". From Jan -March at
114 feet", April -June level was recorded to be at "3 1/2 feet", from June 9 - Aug 11 at "4 feet" and from Aug 18 - Sept 8
level at " 3 1/2 feet". Please start keeping the freeboard levels in approximate inches.
There were only 4 waste: applications recorded for 2002 on the corn crop from June -July 2002 on fields 427 and #28.
(60 N applied to each field. 4.62 ac, each) -
There are only 2 irrigation events recorded so far in 2003, on soybeans, field #26,- (On July 7 & 8, 2003) (4.62ac).
I19) Please balance and record any and all waste application events on the 2003 corn crop and mail a copy to my attention.
19) Please also mail me a copy of the freeboard records from July 21, 2002 through December 2002. As well as a copy of the
2002 Soils Analysis.
Please have Rufus Crooms, Tech. Specialist, assist with re -siting the waste level marker because 3 1/2 feet is recorded and
there appears to be only 2 feet of freeboard at the low point at the northwest comer of lagoon. -
05103101

WAr49
O
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory Thorpe, Acting Director
Division of Water Quality
Mare 25, 2002
Mr. Gerald Allen
5262 Hwy 32 South
Plymouth, NC 27962
Subject: Notice of Deficiency
Animal Compliance Evaluation Site Inspection
Gerald Allen Farm
Facility No. 94-8
Dear Mr. Allen,
Enclosed please find a copy of the Compliance Site Inspection (as viewed in the DWQ database) conducted at the
referenced facility by the Division of Water Quality from the Washington Regional Office. Please read then
inspection and keep it with all other documents pertaining to your animal operation for future inspections.
In general, these inspections included verifying that: (1) the farm has a Certified Animal Waste Management Plan
(CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 2110217, Senate Bill 1217, and
the Certified Animal Waste Management Plan; (3) the farm operation's waste management system is being operated
properly under the direction of a Certified Operator; (4) the required records are being kept; and (5) there are no signs
of seepage, erosion, and/or runoR The following deficiencies were noted during the inspection:
A discharge pipe from the houses into the lagoon has become disconnected at the inside bank of the dike wall and
is causing minor erosion around the outlet leading into the lagoon. In accordance with condition II, item 10 of
your General Permit, a protective cover shall be established and maintained on all lagoon/storage pond
embanlonnents (outside toe of embadonent to maximum pumping elevation), berms, pipe runs, and surface water
diversions_ Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/waste storage
pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/waste
storage pond areas shall be accessible; and vegetation shall be kept mowed.
As a reminder, please note the following comments, which are conditions of the Certified Animal Waste Management
Plan and the General Permit; therefore, these items must be implemented:
q) The mwdmum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a
minimum, maximum waste level for waste for lagoons/storage ponds must not exceed the level that provides
adequate storage to contain 25 year, 24 hour storm event plus an additional foot of strucwual freeboard
(p An analysis of the liquid animal waste from the lagoon shall be conducted as close to the time of application as
practical and at least within 60 days (before or after) of the date of application. This analysis shall include the
following parameters: Nitrogen, Phosphorus, Zinc and Copper.
q) Soil analysis is required annually. Lime is to be applied to each receiving crop as recommended by the soil
analysis.
up The following records are required: off -site solids removal, maintenance, repair, waste/soiI analysis and land .
irrigation records. These records should be maintained by the facility owner/manager in chronological and legible
form for a minimum of three years.
(p Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the
Plant Available Nitrogen rate for the receivingor result in runoff duringangiven lication.
q) All grassed waterways shall have a stable outlet with adequate capacity to prevent ponding or flooding damages.
The outlet can be another vegetated charnel, an earth ditch, stabilization structure, or other suitable outlets_
(P It is sugsaied, not a reuuirement, to keep crop yield information for future use to update your waste management
plan. You will need three years of crop yield data before your plan can be updated. _
IUCDEIC-
N. C_ Division of Water Quality 1617 Mad Service Center Raleigh, NC 27699-1617 [phone]
Customer Service -

Page 2
Gerald Allen Farm
Facility Na 94-8
q) The OIC has the dirties to ensure that waste is applied in accordance with the CAWMP and General Permit by
properly managing, supervising, and documenting daily operation and maintenance. The OIC also has the
responsibility to certify monitoring and reporting information. The failure of an OIC to perform his/her dirties can
result in a letter ofrepprimarrd, suspension, of certification, or revocation of certificates_
For your information, any swine facility that has a discharge to surface waters of the State will have to apply for a
National Pollutant Discharge Elimination System (NPDES) permit with the Division of Water Quality, effective
January 1, 2001.
Thank you for your assistance and cooperation during the inspection. If you have any questions, please contact me
at 252-946-648I, ext. 208 or your Technical Specialist.
Sincemly,
Scott Viil n
Environmental Engineer
Cc: NCDSWC-WaRO (w/o attachments)
✓WaRO Files
SAV Files

Type of Visit p Compliance Inspection p Operation Review p lagoon Evaluation
Reason for Visit p Routine p Complaint p Follow up p Emergency Notification p Other p Denied Access
Facility Number Date of Visit: r 2/27/2002 1 Time: 1:00
p Not perationa p e owThresEold
E Permitted E Certified p Conditionally Certified p Registered Date Last Operated or Above Threshold: ••- .----•-•--------•
Farm Name: Gerald Allen Farm County:..LAY.asbington................... .........
Owner Name: Gerald Allen Phone No: 252-793-3826 252-935-5113 farm
Mailing Address: 52ti2_Highxay..32.Sou1lt............. ............... ......... ................. .......... plymath-M ....................................................... 279.62..............
FacilityContact: .,..... ._----- _ .. ............_ ....... Title:... ._..................._............................. Phone No:
Onsite Representative: Gerald -Allan. ................. . ... .......... ....... . ................... ............ Integrator: 11mutiugEarms......................................................
Certified Operator:G.eraldY_..__._.._..._............ Allen .............._._.........._.._.----... Operator Certification Number: 1H821 .................... ..........
Location of Farm:
the -north sa e o 5; miles o junction with JA
® Swine p Poultry p Cattle p Horse Latitude • ®° ®K Longitude ®• ®®u
=Design Current -: Design Carren#Design Current
._
Swine Gapactty P€►ppl8bon ' Peultiy Capac`riy -Population Cattle Capacity. =Population
p can to F ee er ❑ yer p Dauy
= ® Feeder to mts p on -Layer p on- airy
x�
Farrow to Wean
13 Farrow to ee er �.43 Other -
;' 13 Farrow to Finish - Total Dent Ca ad 2,000
x
,e.
Gilts
p Boars. _ To
SSLW 274,000
Namlier of Laresent surface pray e Area
'Holding.Ponds / Solid Traps ; - o iqui Waste Management ystem
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? p Yes N No
Discharge originated at: 0 Lagoon p Spray Field p Other
a. If discharge is observed, was the conveyance man-made? p Yes p No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) Yes p No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes p No
2. Is there evidence of past discharge from any part of the operation? p Yes N No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes N No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? p Spillway 13 Yes ® No
Structure 1 Structure 2 Structure 3 Structure 4 Structure S Structure 6
Identifier:
Freeboard(inches): ...............48.............. ........... ........ ................. ........... I ....... ............... A .................................... ....................................

act ity Number: 94-8 Date of Inspection
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. is there evidence of over application? p Excessive Ponding p PAN p Hydraulic Overload
p Yes ® No
p Yes ®No
® Yes p No
p Yes ® No
p Yes ® No
p Yes ® No
p Yes ® No
12. Crop type Corn, Soybeans, Wheat
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No
14. a) Does the facility lack adequate acreage for land application? p Yes p No
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination?
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
p Yes p No
p Yes p No
p Yes N No
p Yes ® No
p Yes ® No
p Yes N No
p Yes ® No
p Yes N No
p Yes ® No
p Yes ® No
p Yes N No
p Yes ® No
p Yes ® No
p o vto attons or deficiencies were notR during this visit. You will receive no further correspondence about t is visit.
C
No irrigation events since last visit on 10/1 y/0l.
Soil anlysis dated 11/20/01 with no lime required for cuts/samples #27 & #28.
Discharge pipe from houses into lagoon has become disconnected at the inside bank of dike wall & is causing minor erosion around
let into lagoon.
Need to mow regularly around lagoon for viewing during routine inspections. Try to mow early this spring & regularly after that_
Reviewer/Inspector Name
Reviewer/Inspector Signature:
Date: ! I L-

.05103101 Continued
Facility Number: 94_8 Date of Inspection
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below Yes p No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? p Yes ® No
28, 15 there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, p Yes ® No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? I3 Yes ® No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) p Yes .M No
31. Do the animals feed storage bins fail to have appropriate cover? p Yes ®No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? 13 Yes p No
- -- -
FIX
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