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HomeMy WebLinkAbout710056_ENFORCEMENT_20171231NUH I H UAHULINA Department of Environmental Qual `0 o�wA r�Rpc 0 MEMORANDUM Michael F. Easley Governor William G. Ross Jr., Secretary of Environment and Natural Resources 1-1611td Vf 7U U uLL✓ Kerr T. Stevens ..�...�.��....����...�..r_�...d Division of Water Quality July 13, 2001 TO: Kathy Cooper. Special Deputy Attorney General FROM:''iterr T. Stevenr] ! ` SUBJECT: Request for Collection Penalties Please initiate collection proceedings for the cases listed below. Copies of the relevant documents for each case are attached- Please call Steve Lewis at 733-5083, ext. 539 at your earliest convenience to discuss. Thank you for your assistance. Violator Craig King — Watha K-6 Farm Case Number DV OD-012 Date Assessed June 29, 2000 Date Received July 27, 2000 (Mr. King did not send back the certified mail green card when this civil penalty was received but he did file a contested case petition in OAH on July 27, 2000. Mary Dee Carraway handled the case. Mr. King lost. DWO does not have any record of the OAH decisi reviewed b the EMC. Mr. King has no paid an we do not believe e has filed for judicial review. The criminal case associated with this discharge is scheduled for the end of this month in Wilmington. We don't know who the civil penalty case was assigned to when Mary Dee left.) J. J. McCree DD 98-012 November 18, 1998 November 24, (According to Sharlene Moses' records, Mr. McCree still owes $1,998.97 and his last payment was made on 3/28100. Your office has been handling this one and should have the relevant paperwork.) Three B Farms, Inc. atffb'0� �Q U F01 f 1 1 d 1998��t PC 99-006 June 17, 1999 June 29, 1999 (Steve Lewis talked with Anita about this case. The civil penalty was received in June '99. There was no response within 30 days. Steve called Thad Bullock, one of the corporate officers of Three B Farms, Inc., in Nov. '00. Bullock said that they had requested remission. Since the paperwork might have been lost on our end, we sent a copy of the CPA and an administrative hearing waiver/stipulation of facts form. That was received on 11/28/00 but no remission request/waiver was retumed. Another letter was sent in May'01. No green card came back on that letter. Three B Farms, Inc. sold the hog farm in Sept. '99, shortly after the civil penalty was assessed. However, Three B Farms, Inc. is still registered as an active corporation with the NC Sec. of State as of 7/13/01. We're concerned that the Bullock's will dissolve Three B Farms, Inc. if they get a demand for payment letter. Anita thought we could do a combination demand/collection filing letter.) `►A fVCD£i':ft Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919)733-7015 1 800 623-7748 ATTACHMENTS cc: J mingtoRegioce — no attachments ayetteville Regional Mice — no attachments Enforcement Files — no attachments Division of Water Quality Non -Discharge Compliance Enforcement Unit Civil Assessment Case Review Case Number: DV 00-012 Facility Name: Watha Farm K-6 Farm #: 71-56 Case Synopsis: In response to a citizen complaint on February 16, 2000, DWQ staff from the Wilmington Regional Office (WIRO) inspected Washington Creek and its branches. The complaint described milky, maroon -colored water in the creek with the smell of urine. Staff traced the waste about two miles upstream to the Watha Farm K-6. Mr. Craig King, dba King Farms, owns this farm. The farm was permitted on August 21, 1998. Staff observed wastewater ponded between the barns and the lagoon, in the sprayfield, in ditches, and in an unnamed tributary to Washington Creek (see photos). Staff collected surface water samples at various locations on the farm and from Washington Creek and its tributaries (see maps). Analytical results showed elevated levels of fecal coliform compared to background samples as shown below: SAMPLE NO. LOCATION RESULTS colonies per 100ml #1K6 Farm ditch near K-6 lagoon 57,000 #2K6 Area ponded on ground adjacent to K-6 lagoon 1,200,000 #3K6 ditch approximately 300 feet d/s of K-6 lagoon 250,000 ##4K6 ditch approximately 500 feet d/s of K-6 lagoon 270,000 #5K6 ponded area in UT to Washington Ck. app. % mile d/s K-6 114,000 WC4 ponded segment of UT to Washington Ck. % mile d/s K-6 460,000 WC5 flowing stream segment of UT to Wash Ck.'/. mile d/s K-6 lagoon 940 WC1 Washington Creek d/s 2 miles @ NC Highway 117 550 WC2 UT to Washington Creek u/s at SR 1314 69 WC3 u/s Washington Creek 58 WC6 UT to Washington Ck, u/s along SR 1315 54 In his response dated March 1, 2000, Mr. King stated that an employee discovered the spill on February l 5's between 7:30 and 8:00 AM and immediately notified the certified operator, Mr. Craig (Buddy) King, Jr. Staff received the complaint on February 16`h at 9:15 AM, traced the waste back to the farm, and inspected the farm at about 2:00 PM. The farm had not notified DWQ of the spill prior to the time of the inspection, which was more than 24 hours after first knowledge of the discharge. The certified operator also failed to assess the extent of the discharge as required by the Emergency Action Plan and the facility failed to submit their written report within five calendar days. Staff observed two dead fish approximately 1400 to 1500 feet downstream of the farm. Craig King and Buddy King stated that the cause of the discharge was a flush tank float switch malfunction combined with a clogged overflow pipe. The switch malfunction was stuck in the "on" position, causing the tank to fill continuously and the clogged pipe caused an overflow from the barn. Mr. King hired a professional engineer to calculate the volume discharged based on the farm's weekly lagoon level records. Based on a lagoon level difference of two inches, the engineer calculated a volume of 68,928 gallons for the discharge. During the inspection, WIRO staff measured the time it takes to fill the 600-gallon flush tank at 90 minutes or 6.7 gallons per minute. If 68,928 gallons discharged, the tank would have been continuously filling and overflowing for 10,288 minutes (more than 7 days). The lagoon freeboard readings were taken only one day prior to Mr. Buddy King observing the spill. The lagoon staff gauge is located in proximity to the flush tank, and would likely have been noticed by the individual obtaining the staff gauge reading if the discharge had been occurring for the previous seven days. Staff observed that the concrete sides and the area beneath the flush tank were clean, with no indication of pink waste stains on the tank or concrete foundation. Staff inspected the float switch and interior walls of the flush tank. There was no indication of salt build up or salt build up removal inside the tank or overflow pipe. Buddy King stated that the float was hung up on salt deposits within the tank, while Craig King stated that the floats and switches were replaced. Assessment Factors of Importance: I. Degree and extent of harm: 2. Duration and gravity of the violation: 3. Effect on water quantity or quality: 4. Cost to rectify damage: 5. Amount of money saved: 6. Willful or intentional Discoloration and the odor in Washington Creek prompted a citizen residing approximately two miles downstream of the farm to notify DWQ of the discharge. Elevated fecal coliform levels were present two miles downstream. The discharge occurred on or before February 15, 2000. The discharge may have lasted as long as 7 days. Approximately 69,000 gallons of waste were discharged. Elevated fecal coliform counts were detected downstream of the Watha K-6 farm on February 16, 2000. The stream bed was observed by the staff to be discolored with the appearance of swine wastes on February 17, 2000. Any cleanup would cause adverse impacts to nearby wetlands. The fish replacement costs are minimal. Unknown Unknown 7. Prior record: Mr. King owns eleven hog farms. Since January 1990, he has been assessed and paid civil penalties on four occasions for a total of $11,851.24. (Case Nos. WQ 90-28, CD 92-001, CD 93-012, and DD 96-011). Mr. King's farms have been cited for numerous violations dating back to 1982. 8. Investigative costs: $2,465.95 Response Attached and flagged. Recommendation: The regional office recommends The Non -Discharge Enforcement Unit recommends ??? W State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Craig King King Farms 126 Garland King Road Teachey, NC 25464 Dear Mr. King: RECEIVED J U L 0 5 2000 BY:------.-..r��-� NCDENR NORTH CAROLINA DEPARTMENT OF ENvIRONMEMr AND NATURAL RESOURCES June 30, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED SUBJECT: Assessment of Civil Penalties for Making an Outlet to the Waters of the State without a Permit and General Permit Condition Violations Watha Farm K-6 Farm #71-56 Pender County File No. DV 00-012 This letter transmits notice of a civil penalty assessed against the Watha Farm K-6 in the amount of $7,965.95 including $2,465.95 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. 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 must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Mailing Address: Telephone (919) 733-5083 Location: 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 RaIeigh, NC 27699-1617 An Equal Opportunity /Affirmative Action Employer 50% recycled/ 10% post -consumer paper hrrp.11h2o. enr.state.nc. us Please submit payment to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing_ This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a Copy of the petition to: Mr. Dan McLawhorn NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or Mr. Jeff Poupart at (919) 733-5083, ext. 527. Sincerely, Kerr T. Stevens ATTACHMENTS cc: kick Shi evi, WIRO Regional Supervisor wl attachments Mike Williams, WIRO w/ attachments File DV 00-012 w/ attachments - Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, , 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. This the day of , 20� SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA COUNTY OF PENDER IN THE MATTER OF CRAIG KING d/b/a KING FARMS FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT AND FOR VIOLATIONS OF GENERAL PERMIT CONDITIONS NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. DV 00-012 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL. PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Craig King owns and operates a swine animal operation located along SR 1313 in Pender County known as the Watha Farm K-6. B. Craig King was issued Certificate of Coverage AWS710056 under General Permit AWG 100000 for the Watha Farm K-6 on and effective August 21, 1998, with an expiration date of April 30, 2003. C. In response to a citizen complaint, on February 16, 2000 at approximately 2:00 PM, DWQ staff observed a discharge of wastewater from the Watha Farm K-6 to an unnamed tributary to Washington Creek, which are Class C Sw waters of the State within the Northeast Cape Fear River Basin. D. Craig King had no valid permit for the above -described activity. E. Condition No. III. 6. f. of the General Permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of overapplying animal waste either in excess of the limits set out in the Certified Animal Waste Management Plan (CAWMP) or where runoff enters surface waters. F: In his response dated March 1, 2000, Craig King stated that an employee discovered the spill on February 15, 2000 between 7:30 and 8:00 AM. Mr. King also stated that the employee immediately notified the farm manager, Craig (Buddy) King, Jr. G. Craig King failed to notify DWQ of the animal waste runoff entering surface waters within the required 24 hours after discovery. H. Condition No. III. 6. of the General Permit requires that the permittee notify DWQ in writing within five (5) calendar days following first knowledge of the occurrence. I. Craig King failed to notify the DWQ in writing within five (5) calendar days following first knowledge of the occurrence. J. The cost to the State of the enforcement procedures in this matter totaled $2,465 95. Based upon the above Findings of Fact, I make the following: H. CONCLUSIONS OF LAW: A. Craig King is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. An unnamed tributary to, Washington Creek 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 discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. Craig King violated Condition No. III_ 6. f. of the General Permit by failing to notify DWQ of a discharge within 24 hours of first knowledge of the occurrence of overapplying animal waste either in excess of the limits set out in the Certified Animal Waste Management Plan (CAWMP) or where runoff enters surface waters. E. Craig King violated Condition No. III. 6. of the General Permit by failing notify DWQ in writing within 5 calendar days following first knowledge of the occurrence. F_ Craig King 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 than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-2IS. 1. G. Craig King 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 than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. H. The State's enforcement costs in this matter may be assessed against Craig King pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8). I. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Craig King is hereby assessed a civil penalty of: $ S O o for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ 1 ti Cho o for violating Condition No. III. 6. f. of the General Permit by.failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of overapplying animal waste either in excess of the limits set out in the Certified Animal Waste Management Plan (CAWMP) or where runoff enters surface waters. $ O for violating Condition No. III. 6. of the General Permit by failing to notify DWQ in writing within 5 calendar days following first knowledge of the occurrence. $ S ,, S O O TOTAL CIVIL PENALTY, which is 27- S percent of the maximum penalty authorized by G.S. 143-215.6A. $ 2,465.95 Enforcement costs $ 7. ?& S. 2 5- TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 have considered the factors Iisted 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 water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (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. co 2q-oa 4�'a (Date) Kerr T. Stevens, Director Division of Water Quality TO: Jeff Poupart, Archdale ,,-Rick Shiver. Wilmington Reoional Office FROM: Janet D. Leach Wernoranclain SUBJECT: NOTICE TO DWQ OF PETITION FOR A CONTESTED CASE HEARING DATE: August 5, 2000 AUG 1 0 2000 COUNTY OF PENDER V. CRAIG KING, d/b/a KING FARMS L . V NCDENR The petition for the above case was recently forwarded to this office from OAH. The attorney representing the state in this matter is Mary Dee Carraway The hearing is scheduled for the week of UNKNOWN AT THIS TIME. In the event the case is not settled before the hearing date. we will be gathering information to prepare for the court date. This information will include, but is not limited to the CPA, permit, all documentation leading up to the issuance of the CPA or information concerning the permit, -photos, correspondence and a list of witnesses. If this documentation is routed through your office to someone else, please have that person contact me immediately so that I will know who to communicate with for further information concerning this case. Thank you for your cooperation in this matter. cc: Tommy Stevens Coleen Sullins Reply to:.ianei D. Leach, Paralegal Stale of North Carolina Attorney General's Office Environmental Division Tel: (919) 716-6948 Fax: (919) 716-6766 STATE OF NORTH CAROLINA NORTH CAROLINA COUNTY OF PENDER ENVIRONMENTAL MANAGEMENT COMMISSION - FILE NO: DV 00-012 V. CRAIG KING, d/b/a KING FARMS Petitioner ] V. RECEIVED N. C. DEPARTMENT OF ENVIRONMENT ] AND NATURAL RESOURCES Respondent ] N. C. ATTORNEY GENERAL FmrimmmenW Division PETITION FOR ADMINISTRATIVE HEARING PURSUANT TO N.C.G.S. 150B-23 Now comes, V. Craig King, (hereafter "Petitioner"), by and through his counsel, Richard L. Burrows, of the firm of Burrows & Hall, and respectfully petitions the Court for an Administrative Hearing pursuant to the provisions of N.C.G_S. § 150B-23, and shows as follows: 1. That at all times pertinent to the matters in controversy, your Petitioner was the owner of Farm 971-56, located in Pender County, North Carolina_ 2. On or about February 16, 2000, at approximately 7:30 to 8:00 a.m., an employee of Craig King, who does not work on any swine farm, drove into King's Watha Farm K-6 to inspect some of the crops growing on the farmland, and discovered swine waste overflowing from a flush tank into an adjacent ditch area, and immediately thereafter notified a swine farm employee. That employee notified Buddy King, Craig King's son, of the overflow, and Buddy King immediately went to the flush tank, cut off the water supply, repaired a failed automatic switch, and thereby stopped further runoff from occurrina. Craig King was then on vacation in Florida, and Buddy King immediately 1 attempted to call him to advise of the runoff, but was unable to reach him until the next day. Upon learning of the runoff Craig King returned to North Carolina the same day, February 17, 2000. Buddy King did not immediately call DWQ and notify them of the spill because he had been instructed to notify his father and let him personally do the notification. Prior to Craig King's arrival back from Florida, the DWQ inspectors were already on the farm and aware of the spill, and Petitioner then knew that DWQ had already been notified_ 3. The flush tank that overflowed is one of nine of the same tanks that operate at that facility. They are designed so that they automatically dump the contents of the tahk when it is full. At the point the tanks fill, they are designed to trigger an electronic sensing devise, which then automatically pulls a plug at the bottom of the tank, thereby dumping the contents into the swine barn. The purpose of the flush tank is to wash out the waste storage areas, and the wash water and waste is then gravity fed back into the lagoon through pvc piping. All of the dump tanks functioned normally, except for the one that overflowed. The investigation -by Buddy King revealed that the electronic sensing devise that operates the dumping mechanism and is triggered when the tank is full, had malfunctioned during the night or early morning of February 16, 2000, causing that one particular dump tank to overflow. The malfunction was discovered at the same time as the swine farm employees were starting work on the morning of February 16, 2000. The tanks, pumps, and related lines had recently been inspected, and cleaned out. Petitioner has no reasonable or reliable means of detecting and avoiding any such electronic malfunction in advance, because such a failure occurs without warning. Such a malfunction is not a usual or predictable occurrence. 4. Petitioner acknowledges that the swine waste runoff ran into a ditch on Petitioner's property, which is located immediately adjacent to the swine facilities, but is informed and believes 2 and alleges that there was an insufficient quantity of that waste to run down the ditch to any creek, branch or stream, which would constitute waters of the state. Petitioner further acknowledges that he did not give direct notice to DWQ within twenty-four hours of the occurrence, but by way of defense, Petitioner had no knowledge of the occurrence until February 17, 2000, and at -that time DWQ already had knowledge of the occurrence and was engaged in inspecting the occurrence. Petitioner has changed his procedure to provide for direct notice to DWQ by an employee in the event Petitioner is unavailable. 5. The runoff that is the subject of this penalty action occurred as a direct result of an unexpected, unusual and unforeseeable malfunction ofthe electronic sensing devise, during the. night or early morning of - February 16, 2000, and only one of the nine flush tanks malfunctioned. Petitioner did not do any act or fail to do any act which would or could have prevented the overflowing of the flush tank and the swine waste going into the ditch. 6. Petitioner -had taken all reasonable means to avoid any malfunction and any runoff, but due to the electronic malfunction, the event occurred. For that reason, Petitioner did not "make an outlet to the waters of the state", as alleged by DENR. 7. Petitioner is further informed and believes that the Findings and Decision and Assessment of Civil Penalties is legally erroneous, arbitrary, capricious, and is not supported by competent evidence or facts, and the conclusions drawn therefrom are therefore legally improper. 8. The Director's Findings of Fact C, that the Petitioner made an outlet to waters of the State is unsupported by any factual basis, and Conclusion of Law subparagraph C is erroneous as a matter of law. 9. The Director's Findings of Fact D is insufficient as a matter of law to support a penalty assessment, in that the D WQ had knowledge of the runoff within twenty-four hours of the time Craig King first had knowledge of the event_ 10. Petitioner is informed and believes and therefore alleges that the electrical malfunction of the tank sensing device was an unusual, unexpected and exceptional incident that was both beyond the reasonable foreseeablity and control of your petitioner, and that petitioner had neither done or neglected to do any act which either caused, contributed to, or permitted waste to be discharged into the waters of the state within the intent and meaning of N.C.G.S. § 143 -215. 1 (a)(6), and petititoner did not make any outlet into the waters of the state in violation of N.C.G.S. § 143- 215.1(a)(1). 11. The assessed $4,500.00 civil penalty for "making an outlet to the waters of the state" is not supported by competent legal factors as required by law, in that Petitioner is informed and believes that the Division did not properly consider the factors required by N. C.G.S. § 143-215.6A(c) and §143B-282, but arrived at the penalty assessments by use of a penalty guidance document applicable to a broad class of events, rather than a reasoned decision based upon statutorily mandated factors. That this process neither procedurally nor substantively considers or implements the requirements of § 143B-282(b). 12. There is no evidence of either any actual or reasonable costs associated with any investigation, inspection or monitoring that resulted in the investigation of the alleged violation, or of any actual or reasonable costs associated with the enforcement of the state regulations in this case that would either justify or support the Director's conclusion and assessment of costs in the amount of $2,057.84 in this case. Petitioner is informed and believes that the costs incurred in this case were and are unreasonable in the circiunstances of this or any similar case. WHEREFORE, your petitioner, having disputed the findings and conclusions of law, as well 4 as the penalties and costs assessed by the Director in this case, respectfully requests and Administrative Hearing, as provided by law. Dated: July .0 2000. I:18MYZfl�.�'� BY Rich d L. Burrows State Bar 4 637 P. O. Box 816 Wallace, N. C. 28466 ' (910) 285-3600 Attorney for the Petitioner STATE OF NORTH CAROLINA COUNTY OF DUPLIN CRAIG KING, being first and duly sworn, deposes and says that he has read the foregoing Petition for Administrative Hearing and knows the contents thereof, that the same is true to his own knowledge except those matters and things stated therein upon information and belief, and as to those matters and things, he believes them to be true. RAIG KIN SWORN TO AND SUBSCRIBED BEFORE ME THISDAY OF DULY, 2000. Notary P xc My Commission Expires: 5 CERTIFICATE OF SERVICE I, Richard L. Burrows, of P.O. Box 816, Wallace, North Carolina, 28466, do hereby certify: That I am at all tunes hereinafter mentioned, more than eighteen (18) years of age. That on the date hereafter set out, I filed and served copies of the foregoing Petitioner for Administrative Hearing on the following, by mailing copies by Certified Mail, Return Receipt Requested, postage prepaid, addressed as follows: Office of Administrative Hearings 6714 Mail 'Service Center Raleigh, North Carolina 27699-6714 and Mr. Dan McLawhorn, Registered Agent Dept. Of Environment and Natural Resources Office of General Counsel 1601 Mail Service Center Raleigh, North Carolina 27699-1601 I hereby certify under penalty of per ury that the foregoing is true and correct. Dated: July Z 72000 Richard L. Burrows king.pet C DIVISION OF WATER QUALITY WILMINGTON REGIONAL OFFICE MEMORANDUM DATE: March 9, 2000 TO: Coleen Sullins, Chief Water Quality Section FROM: Rick Shiver, Water Quality Regional Supervisor Wilmington Regional Office SUBJECT: Enforcement Report Craig King dba King Farms, Inc. Watha K-6 Farm- Facility No. 71-56 Permit No_ AWG710056 Pender County Attached please find the subject enforcement report prepared by Mr. Mike Williams of the Wilmington Regional Office. The report concludes that Craig King dba King Farms, Inc.: 1. Made an outlet to waters of the State without permit authority in violation of G.S. 143- 215.1(a)(1), by discharging animal wastes onto the ground, into drainage ditches, and into an unnamed tributary to Washington Creek, class C waters, occurring on or before February 15, 2000. 2. Violated G.S. 143-2I4.1 and G.S. 143-215.1(a)(6), by causing a fish kill in violation of stream standards 15A NCAC 2B .0211(2), as a result of the discharge. 3. Violated the condition of the permit, by failing to notify the Regional Office within 24 hours of the discharge. 4. Violated the condition of the permit, by failing to notify the Regional Office, in writing within five days of the discharge. 5. Violated a condition of the permit by failing to assess the extent of the discharge and note any obvious damages. Mr. King has been in the animal production business for over twenty years, and is aware of necessary procedures and permit requirements in the event of a discharge. The attachments include the Emergency Action Plan, a part of the Certified Animal Waste Management Plan, specifically outlining steps to take in the event of a discharge, to include the spill assessment and appropriate notification. A management plan certification checklist was signed by Mr. King on December 19, 1997, and therefore, Mr. King is, and has been aware of these requirements. Mr. King also has a previous history to include at least four civil penalties for discharges assessed in 1990, 1992, 1993, and 1996. Mr. King has paid civil penalties of over $11,850.00, and continues to operate his Memorandum to CoIeen Sullins Craig King Enforcement Report March 9, 2000 Page Two business in a manner such as to pollute the waters of the State. The Wilmington Regional Office received notification of the discharge from a citizen residing approximately two miles downstream over twenty five hours after Mr. Buddy King, the farm manager stated that he was aware of the discharge. The citizen indicated that she went down to Washington Creek to obtain water in a bucket after the water line at her home had been cut earlier in the day, by landscape workers. She immediately noticed that the creek was milky maroon in color and had a urine odor. She contacted the local Health Department and the DWQ Regional Office at 9:15 on the morning of February 16, 2000. Notification was not received by this Office from any individual affiliated with the farm, verbally or in writing, within the required length of time. Mr. Buddy King also stated to the staff that he didn't realize the extent of the discharge because he did not assess the extent of the discharge as required in the Emergency Action Plan. A written response to the Notice of Violation was received from Mr. Craig King, March 6, 2000. A copy of that response is attached to this report. In his response, Mr. King indicates that a flush tank overflowed onto the ground as a result of faulty switches and float valve, and was the cause of the estimated 68,928 gallons discharged. Staff of this Office investigated the tank, the float switch, the overflow pipe, and calculated the rate at which the tank fills. By all of the information gathered, staff calculated a discharge of this magnitude would not likely be the cause of the discharge as a result of a flush tank overflow at 6.7 gpm. The following facts are presented: • Lagoon measurements are made every Monday by King Farms staff, and are recorded. On February14, 2000 the record indicates that lagoon freeboard measured twenty three inches. • Buddy King said that he observed the overflow of the flush tank on Tuesday, February 15, 2000. • The staff verified at the time of the investigation, that the 600 gallon flush tank filled in 90 minutes, which calculates to a fill rate of 6.7 gallons per minute. • Mr. Craig King stated in a letter dated March 1, 2000, that 68,928 gallons (approximately two inches of liquid in the lagoon) of waste spilled from the tank because of switches and float valves. • According to Mr. Buddy King, the float switch was lodged in the on position while overflow pipe preventing spills by rerouting wastes back to the lagoon happened to be clogged, forcing wastes over the sides of the concrete walls. • Calculations indicate that if 68,928 gallons of waste were lost due to an overflowing flush tank, as Craig King alleges, it would take 10,288 minutes (7.14 days) of continuous flush tank overflow to occur without someone observing the discharge. Memorandum to Coleen Sullins Craig King Enforcement Report March 9, 2000 Page Three • The lagoon freeboard readings were taken only one day prior to Mr. Buddy King observing the spill. The lagoon staff gauge is located in proximity to the flush tank in question, and would likely have been noticed by the individual obtaining the staff gauge reading if the discharge had been occurring for the previous seven days. • The concrete sides, and beneath the flush tank was clean, with no indication of the pink waste stains on the tank or concrete foundation (Refer to photo #1). • Investigators observed the float switch and interior walls of the tank in question. There was no indication of salt build up or salt build up removal inside the tank or overflow pipe. Buddy King stated that the float was hung up on salt deposits within the tank, while Craig King stated that the floats and switches were replaced. • Buddy King stated that he took a metal rod and cleaned (rodded) out the overflow pipe. The inside of the pipe did not appear to have been rodded out as there were no scuff or scrape marks on the inside wall of the pipe which would be present if the overflow had been rodded out. It is recommended that appropriate civil penalties be assessed against Craig King, dba King Farms, Inc., for the five violations, in accordance with G.S. 143-215.6A(a). It is also recommended that all of the enforcement costs incurred in the investigation be recovered in the amount of $2,465.95. If you have any questions concerning this report, please contact Mr. Mike Williams or me. CKINGENF.FE0 cc: Wilmington Regional Office STATE OF NORTH CAROLINA COUNTY OF PENDER NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IN THE MATTER OF CRAIG KING dba CRAIG KING FARMS FOR VIOLATIONS OF: NORTH CAROLINA GENERAL STATUTES 143-215.1, 143-214.1, and 143-215.6A File No.DV 00-012 FINDINGS AND DECISIONS AND ASSESSMENT OF CIVIL PENALTIES Acting -pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources,1, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I_ FINDINGS OF FACT: A. Craig King, doing business as King Farms, Inc., owns and operates a swine farm known as the Watha Farm K-6, which exists under the laws of the State of North Carolina. B. Craig King was issued Animal Waste Permit AWS7ID056 on August 21, 1998, effective August 21, 1998, with an expiration date of April 30, 2003, for a swine waste collection, treatment, storage and application system which is located in Pender County, North Carolina. - C. According to Mr. Craig King Jr. (Known as Buddy King), two to two and one half inches of animal waste from the lagoon was discharged. The discharge was observed on the ground, in farm ditches and in an unnamed tributary to Washington Creek, Class C waters in the Cape Fear River Basin. D. Mr. Buddy King, son of the owner, and the K-6 Farm Manager stated that he was made aware of the discharge at approximately 7:30-8:00 am on Tuesday, February 15, 2000, by Mr. Billy Woods, an employee of King Farms, who also stated that he contacted Mr. Buddy King at that time. E. At approximately 9:15 am, on Wednesday February 16, 2000, a citizen residing approximately two stream miles downstream along Washington Creek notified DWQ Wilmington Regional Office, that the stream was milky maroon in appearance and smelled of urine on the afternoon of February 15, 2000. F. Neither Craig King nor Buddy King notified DWQ of the discharge at any time. The discharge was discovered by DWQ over 24 hours after Buddy King became aware of the discharge. G. On February 16, 2000 DWQ staff observed stains along the banks in the downstream location which appeared similar to animal wastes from a swine operation. Staff traced the discoloration upstream to the Craig King K-6 swine farm. H. On February 16 and February 17, 2000, staff observed the appearance of animal wastes in the stream, photographed, and collected samples of the stream, ditches and ponded areas of waste at the farm. 1. Fecal coliform samples collected February 16, 2000 suggest that animal wastes were present in Washington Creek, and tributary as follows: No. LOCATION RESULTS #1K6 Farm ditch near K-6 lagoon 57,000/100 ml #2K6 Area ponded on ground adjacent to K-6 lagoon 1,200,000/100 ml #3K6 ditch approximately 300 feet d/s of K-6 lagoon 250,000/100 ml 44K6 ditch approximately 500 feet d/s of K-6 lagoon 270,000/100 ml #5K6 ponded area in UTWashington Ck.app. 3/ mile d/s K-6 114,000/100 ml WC4 ponded segment of UT Washington Ck. % mile d/s K-6 460,000/100 ml WC5 flowing stream segment UTWash Ck. 3/4 mile d/s k-6 lagoon 940/100 ml WC1 Washington Creek d/s 2 miles @ NC highway 117 550/100 ml WC2 U.T.Washington Creek u/s at SR 1314 69/100 ml WC3 u/s Washington Creek 58/104m1 WC6 UT to Washington Ck. u/s along SR 1315 54/100m1 J. On February 17, 2000, staff followed the path of the discharge and photographed the waste from the K-6 farm to the unnamed tributary to Washington Creek. K. On February 17, 2000 two dead fish were observed and photographed approximately one half mile downstream of the farm in the tributary to Washington Creek. No live aquatic life was observed within the stream segment. L. Craig King failed to implement the procedures outlined in the Emergency Action Plan as a part of the certification, signed and agreed to by Mr. Craig King on December 19, 1997, as follows: 1. Failure to assess the extent of the discharge and note any obvious damage_ 2. Contact appropriate personnel and agencies (DWQ regional office and DWQ after hours emergency phone number listed in plan) M. Craig King violated Part II1.6 of General Permit AWG100000 by failing to notify DWQ within 24 hours of discharge and by failing to notify DWQ in writing within 5 calendar days following first knowledge of the occurrence. Based upon the above Findings of Fact, I make the following: Il. CONCLUSIONS OF LAW: A. Craig King a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The Unnamed tributary to Washington Creek and Washington Creek constitute waters of the State within the meaning of G.S. 143-215.1(a)(1) pursuant G.S. 143-212(6). C. The above -cited discharge constituted making an outlet to waters of the state for .purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-215.1. D. The above -cited discharge caused a fish kill to occur in violation of G.S. 143- 214.1 and G.S. 143-215.1(a)(6). E. Craig King failed to notify the DWQ-Wilmington Regional Office within 24 hours of the discharge as required by Part III.6.g of General Permit AWG100000 and the Certified Animal Waste Management Emergency Action Plan. F. Craig King Failed to notify the DWQ-Wilmington Regional Office in writing, within 5 calendar days upon first knowledge of the occurrence as required by Part 1I1.6 of General Permit AWG100000 and the Certified Animal Waste Management Emergency Action Plan. G. Craig King failed to assess the extent of the spill and note any obvious damages as required by the Certified Animal Waste Management Emergency Action Plan. H. Craig King may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(1), which provides that a civil penalty of not more than twenty five thousand dollars ($25,000.00) per violation may be assessed against a person who violates any classification, standard, limitation, or management practice established pursuant to G.S_ 143-214.1, or 143-215.1. _ Craig King may be assessed civil penalties in the matter pursuant to G.S. 143- 215.6A(a)(2), which provides that a civil penalty of not more than twenty five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with terms, conditions, or requirements of such permit. I The State's enforcement costs in this matter may be assessed against Craig King pursuant to G.S.143-215.3 (a)(9) and G.S. 14313-282.1(b)(8). K. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Craig King, dba King Farms, Inc., is hereby assessed a civil penalty of. For making an outlet to waters of the State without a permit as required by G.S. 143-215.1(a)(1). $ For one violation of G.S. 143.214.1 and G.S. 143- 215.1(a)(6) for violation of stream standards by causing a fish kill within the unnamed tributary to Washington Creek. $ For one violation of G.S. 143-215.6A(a)(2) for failure to comply with General permit AWG100000 Part III.6.g and CAWMP Emergency Action Plan by failing to notify the Regional Office within 24 hours of the discharge. $ For one violation of G.S. 143-215.6A(a)(2) for failure to comply with General permit AWG100000 Part IIL6. and CAWMP Emergency Action Plan by failing to notify the Regional Office in writing within 5 days of the discharge. For one violation of G.S. 143-215.6A(a)(2) for failure to comply with General permit AWG100000 and CAWMP Emergency Action Plan by failing to assess the extent of the spill and note any obvious damages. TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ 2465.95 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-2 82. 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 water quantity or quality or on air quality; (4) (5) (6) (7) (8) (Date) CKINGENF The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; The cost to the State of the enforcement procedures_ Kerr T. Stevens, Director Division of Water Quality DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS Type: (DV 00-012) Violator: Craig King, dba King Farms, Inc. Registered Agent: N/A Address: 126 Garlland King Rd., Teachey, North Carolina 28464 Regional Office: Wilmington 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: Swine waste entered the unnamed tributary to Washington Creek and Washington Creek from the Watha K-6 swine farm. Discoloration and the odor in the creek prompted a citizen residing approximately two miles downstream of the farm to notify DWQ of the discharge. 2. The duration and gravity of the violation: The discharge occurred on or before February 15, 2000. Two dead fish were observed and photographed in the unnamed tributary to Washington Creek on February 17, 2000. 3. The effect on ground or surface water quantity or quality or on air quality: Elevated fecal coliform counts were detected downstream of the Watha K-6 farm February 16, 2000. The stream bed was observed by the staff to be discolored with the appearance of swine wastes on February 17, 2000, in addition to locating two dead fish within the stream segment investigated. 4. The cost of rectifying the damage: The damage cannot be rectified. 5. The amount of money saved by noncompliance: Unknown 6. Whether the violation was committed willfully or intentionally: Unknown 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: Craig King has been assessed and paid civil penalties on four occasions prior to this violation,, since January 1990, for a total of $11,851.24. (Case no's. WQ90-28,CD 92-001, CD 93-012, DD 96-011). 8. The cost to the State of the enforcement procedures: Mike Williams 41 hours @ $28.56/hr = $117096 Russ Colby 23.5 hours @ $20.06/hr = $ 471.41 Dean Hunkele 6.5 hours @ $19.28/hr = $ 125.32 Mileage 3 trips @ 70 mi/trip= 210 mi. x $0.23/mi. = $ 48.30 Photographs 4 rolls @ $7.49 ea. = $ 29.96 Laboratory fees-11 e.coli @ $20, 5 nutrients @ $60 = $ 520.00 Administrative costs = $ 100.00 TOTAL =$ 2465.95 9. Type of violator and general nature of business (i.e. Individual vs. large corporation): Individual independent swine producer. 10. Violators degree of cooperation (including efforts to prevent or restore) or recalcitrance: The violator failed to assess the degree of the discharge, and failed to notify the DWQ Regional Office of the discharge both within twenty four hours verbally, and in writing o within five days as required. 11. Mitigating Circumstances: None 12. Owner of property where the discharge occurred: The discharge occurred on the property owned by Craig King. Swine wastes flowed into the unnamed tributary to Washington Creek and Washington Creek, classified surface waters of the State. 13. Pictures of discharge: Yes 14. Assessment Factors: a) IWC: NIA b) Receiving Stream: Washington Creek c) SOC/JOC status/negotiations: NIA d) Copy of MP Screen: N/A e) Copy of Limits Page in Permit: NIA f) Damage: y/n If yes include report from WRC CHRONOLOGY OF VIOLATIONS CRAIG KING SWINE FARMS DUPLIN & PENDER COUNTIES, 6/21/96 MARCH 30, 1982 NOV DISCHARGE OF HOG WASTES INTO CREEK 3/24/82-PINHOOK FARM, DUPLIN COUNTY. JUNE 14, 1984 VIO. DISCHARGE FROM PVC PIPE AND BREACHED LAGOON WALL. PINHOOK FARM, DUPLIN COUNTY. JULY 11, 1984 NOV DISCHARGE OF HOG WASTES INTO CREEK 6/14/84 AND 7/5/84-PINHOOK JULY 17, 1984 DESIGNATION SEPTEMBER 27, 1984 VIO. SEPTEMBER 28, 1984 NOV DISCHARGE OF HOG WASTES INTO CREEK PINHOOK FARM, DUPLIN CO. DISCHARGE OF HOG WASTES INTO CREEK PINHOOK FARM, DUPLIN COUNTY. DISCHARGE OF HOG WASTES INTO CREEK OCCURRING 9/27/84. OCTOBER 26, 1987 VIO. DISCHARGE OF HOG WASTES: FROM 12° CONCRETE PIPE TO DITCH AND DEAD PIT RUNOFF INTO DITCH -WELLS HAM AND EGG FARM, PENDER COUNTY. NOVEMBER 4, 1987 FIELD NOV DISCHARGE'OF HOG WASTES TO DITCH AND DRY BRANCH RUN -WELLS HAM AND EGG FARM, PENDER COUNTY. DECEMBER 30, 1987 DESIGNATED DESIGNATED WELLS HAM AND, EGG FARM FOR DISCHARGE OCCURRING 10/26/87. APRIL 6, 1989 NOV DISCHARGING SALIVA & FEED INTO CREEK VIA PIPE AND SURFACE RUNOFF FROM SPRAY FIELD INTO CREEK 3/28/89- WELLS HAM & EGG, PENDER CO. JANUARY 24, 1990 2ND NOV DISCHARGE OF HOG WASTES FROM RUPTURED PIPE AND SURFACE RUNOFF. WELLS HAM - AND EGG, PENDER COMM. AUGUST 6, 1990 ASSESSMENT ASSESSED $2,698.12-PAID ENTIRE ASSESSMENT FOR 1/24/90 VIOLATION OCCURRING AT WELLS HAM AND EGG FARM, PENDER COUNTY. CASE #WQ 90-28 AUGUST 4, 1992 FIELD-NOV LAGOON OVERFLOW AND 6" PIPE TO CREEK PINHOOK FARM, DUPLIN COUNTY. AUGUST 7, 1992 NOV DISCHARGE OF HOG WASTES FROM 6" PIPE TO CREEK 8/4/92. PINHOOK FARM, DUPLIN COUNTY. AUGUST 27,1992 ENF.CONFER. HELD ENFORCEMENT CONFERENCE AT WIRO WITH MR. KING CONCERNING 8/4/92 VIOLATION. NOVEMBER 10, 1992 ASSESSMENT ASSESSED $4,711.28-PAID $3,167.01, FOR VIOLATIONS OCCURRING 8/4/92 AT PINHOOK FARM, DUPLIN COUNTY. CASE #CD 92-01. APRIL 6,.1993 NOV 2 FOOT BREAK IN DIKE WALL 4/5/93, DISCHARGING HOG WASTES INTO CREEK. PINHOOK FARM, DUPLIN COUNTY. NOVEMBER, 1993 ASSESSMENT ASSESSED $4,441.84-PAID $2,986.11, FOR 4/5/93 DISCHARGE OF HOG WASTES TO CREEK. PINHOOK FARM, DUPLIN COUNTY. CASE #CD 93-12. JULY 13, 1995 INSPECTION INSPECTED BY NRCS, SITE NEEDS I10MIATE ATTENTION -SHUT DOWN. PINHOOK FARM, DUPLIN COUNTY. JULY 18, 1995 INSPECTION INSPECTED BY NRCS-9 INCHES OF FREEBOARD. TREES ON WALL OF LAGOON. SITE NEEDS IMMEDIATE ATTENTION. -WELLS HLAME AND EGG FARM, PENDER CO. DULY 19, 1995 INSPECTION INSPECTED BY NRCS, FREEBOARD WITHIN 1 FOOT OF OVERTOPPING. NEEDS IMMEDIATE ATTENTION. iiWY 53 FARM, PENDER COUNTY. DULY 20, 1995 INSPECTION DEM INSPECTION -NEEDS MATE ATTENTION -FARM CLOSED NEEDS CLOSURE PLAN 1 FOOT FREEBOARD. PINNOOK FARM, DUPLIN COUNTY. AUGUST 7, 1995 INSPECTION DEM INSPECTION-20' TREES GROWING ON DIKE WALL, LAGOON LEVEL WITHIN 1 FOOT OF TOP. NEEDS IMMEDIATE ATTENTION. WELLS HAM AND EGG FARM, PENDER CO. AUGUST 11, 1995 WARNING LTR. PINE TREES ON DIKE WALL AND LESS THAN 1 FOOT FREEBOARD IN LAGOON. WELLS HAM AND EGG FARM, PENDER COUNTY. DECEMBER 28, 1995 INSPECTION DEMINSPECTION -LAGOON WITHIN INCHES OF OVERTOPPING, EVIDENCE OF PAST OVERFLOW. WELLS HAM AND EGG, PENDER. FEBRUARY 12, 1996 NOV DISCHARGE FROM PVC PIPE TO SWAMP ON 2/2/96. HWY 53 FARM, PENDER COUNTY. FEBRUARY 16, 1996 ENF.REPORT FOR DISCHARGING HOG WASTES TO SWAMP ON 2 /2 /9 6 . HWY 53 FARM PENDER COUNTY. CASE PENDING DIRECTOR'S ASSESSMENT. APRIL 4, 1996 WARNING LTR. POTENTIAL OVERTOPPING OF LAGOON. LEVEL WITHIN 2-3 INCHES OF TOP. HWY 53 FARM, PENDER COUNTY. APRIL 4, 1996 INSPECTION EVIDENCE OF RECENT LAGOON OVERFLOW. SEEP IN NORTH LAGOON WALL DETECTED. LEVEL OF LAGOON AT CRITICAL LEVEL. HWY 53 FARM, PENDER CO. APRIL _8, 1996 INTENT TO REVOKE DEEMED PERMITTED STATUS LETTER ISSUED BY DIRECTOR. HWY 53 FARM, PENDER COUNTY. APRIL 8, 1996 INSPECTION DEM. INSPECTION LAGOON WITHIN 6 INCHES OF OVERTOPPING,, NEEDS CLOSURE PLAN, NO HOGS ON SITE, LAGOON SEEPAGE OBSERVED. WELLS HAM AND EGG, PENDER. APRIL 8, 1996 INSPECTION DEM INSPECTION- 1 FOOT FREEBOARD - FACILITY SHUT DOWN NEEDS CLOSURE PLAN. TREES ON DIKES. PINHOOK FARM, DUPLIN CO. APRIL 9, 1996 WARNING LTR. LAGOON SEEP, FULL LAGOON, SPRAYING IN SATURATED PINE FOREST, AND REQUEST FOR LAGOON CLOSURE AT THE HWY 53 FARM, PENDER COUNTY. APRIL 10, 1996 WARNING LTR. LAGOON LEVELS AT THE WELLS HAM AND EGG FARM AND THE P 11MOOK FARM ARE WITHIN 1 FOOT OF OVERTOPPING. REQUESTEf) LAGOON CLOSURE PLANS FOR BOTH. MAY 29, 1996 RECTO REVOKE RECOMMENDATION BY WIRO TO REVOKE DEEMED PERMITTED STATUS -WELLS HAM AND EGG FARM, PENDER COUNTY. MAY 31, 1996 RECTO REVOKE MEMO FROM WIRO TO CENTRAL OFFICE RECOMMENDATION TO DENY REQUEST FOR RESCISSION OF REVOCATION OF DEEMED PERMITTED STATUS, JUSTIFIED BY 8 SEPARATE ITEMS IN THE MEMO. HWY 53 FARM, FENDER COUNTY. JUNE 14, 1996 REQUEST CONTACTED CENTRAL OFFICE -RECOMMENDED PREPARATION OF SECOND LETTER OF NOTIFICATION THAT THE FARM IS NO LONGER DEEMED PERMITTED. HWY 53 FARM, PENDER COUNTY. N.C. DIVISION OF. WATER QUALITY Water Quality Section ComplaintlEmergency Report Form WILMINGTON REGIONAL OFFICE Received by-� V S.S co I L D z/l Vo n Time { 1 S Finergency_XComplaint City 5V�A a� t`'s 1f kce- County e ✓1 Jef Report Received Frans i G n y- ✓1 l � Agency I Z 2V1 Phone No. 1„ a w ti: 1 d. g5 . y 3 S Complainant 2 n G r. �c 3 U � �y , Z 4 7Z(' 1 c Address Phone No. Check One: Fish Kffl V Spffl Bypass V Animal NPDES N.D. Sfoffmvater Wetland Ofirer, Specify: Nature of Referral ( lc- le,/ 714,ke- C V-t~ dP--5C L te-j /M,141 A4r'avn c.lof'a� Tune and Date Occurred _ _I]L: 0 0 DZ / i ,5/0 0 r Location ofArea Affecfed W 5 1^ ''' C r f e e Q H `,� f i 1 Surface Waters Impacted _ S 5_' �^ CVO G l� Classification Other Agencies Notified { �) lnvesfigation Detaffs C �+ eG rcI C, I � ir'r'" t 6 e- G n C) U M C �ayi UT01 t-✓�s�c rVt�:y'�r.l���r' _C��;F�C1,���r►�,,, Invesfigator SA WOSLSHELLSIREPORT.SHL EPA Region IV (414)347-4062 Pesticides 733-3556 Emergency Management 733-3867 Wildlife Resources 733-7291 Solid and Hazardous Waste 733-2178 Marine Fisheries 726.702f Wafer Supply 733-2321 Coast Guard MSO 343-4881 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-390D 0 Fax 910-350-2004 y AWA X -(o KlAldr Ii k ` 5 lilEW 1.4erOOAI Con/sr 199 s I 3 Z I in�zi�Rnp�l � PvMP Oro L�4[7ao�/ Co�sr. �993 IX.2 K-� F4AW DI rCH &C& 1 K'G A107-_LV SCRIC- ..... Men DRAIdA66 WAiM Pon/D�D TRfAM )K OLD M srx&xvRE* 4 K4 t 5AMPI 7� J WOODS pot* r. ro WAVVA16WIV CRC-" edg,wj ( ` _8M 17.4 V1"CAM - i 1319 lam. 41 18.4 ir ;--. • � , . ig - 1 ,#tr . LOC�Tia a .. -- ».5 15.5rl ve lei Igo ` 16.9 - • L� (� � it � . f /^ +IIS , /� .: � ��� �a�` `it- t �.��` ti•.:�_ s��� \ ,g �� Ertl _= � `'. / j WG. /Q�U `~y Mar"-02-00 09:16A Ertvirorahem 910 392 4424 P.04 -41 �Apl CONSULTING CHEMISTS Customer: NCDENR-DWQ I27 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Dean Hunkele Date Sampled: 02/16/00 Sampled By: Dean Hunkele STREAM: Environmental Chemists, Inc. 6h02 Windmill Way • Wilmington, North Carolina 1-9405 (914) 392-0223 (Lab) • (910) 392-442s (Fax) EchemW @aol,cnm NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 REPORT OF ANALYSIS Date of Report: February 29, 2000 Purchase Order #: Report Number: 0-0509 Report To: Dean Hunkele PARAMETER Sample ID # 1 K-6 # 2 K-6 # 3 K 6 # 4 K-6 # 5 K-6 Lab 1D # 1269 # 1270 # 1271 # 1272 # 1273 Fecal Coliform, colonies/100ml I S7,000 1,200,000 1 250,000 270,000 114,000 Nitrate + Nitrite Nitrogen, NO3 + NOz - N mg/L I 1-35 1.33 0.35 0.27 0.38 Ammonia Nitrogen, NH_,-N, mg/L 19.7 203 51-5 60.6 34.3 Total Kejeldahl Nitrogen, TKN mg/L. 30.3 233.8 6 i "0 83-2 51.1 Total Phosphorus, P mg/L. 2.76 9.90 4.04 4.77 2.50 7 Reviewed b C" i and approved for release to the client. ENVIRONMENTAL CHEMISTS, INC o ; a Sample Collection and Chain of Custody Client: c— r W & Collecled B %A Samnle Tine: I = Influent. E = Effluent. W =Well ST =Str rn. S() =Snil. SIr Sludge Other! 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 Fax: (910) 392-4424 Sample Identification Collection a,r In �I o ae C W � PRESERVATION ANALYSIS REQUESTED a G p DATE TIME TEMP o c IZ G.f G C � � 'Z.7J.4 V L C V _ G G c fi c z Z V/ L G c 3 t-•- G SG 1Z �3,# J G NOTICE — DECHLORINATION ; Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated 0.2 m or less in the field at the time of collection. See reverse ssiid�e- for instructions. Transfer Relinquished By: Date/Time Received By: Date/Time 2. Temperature when Received: ! a 'G Accepted: L-0- Rej� )ed A A esample Requested: 9 Delivered By:_(� Received By: Date: L-CCi'ime:'qS Comments: 1 pppp�-- - -_-1 '"ql envirochem, CONSULTING CHEMISTS Customer: NCDENR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Russ Colby Date Sampled: Sampled By: STRIF:AM: 02/16/00 Russ Colby Environmental Chemists, Inc. 6602 Windmill Way • Wilmington, North Carolina 28405 (910) 392-0223 (lab) - (910) 392-4424 (Fax) F-chemW@aol.com NCDENR: DWQ CERTIFICATE #94, DI..S CERTIFICATE #37729 REPORT OF ANALYSIS Date of Report: February 17, 2000 Purchase Order #: Report Number: 0-0510 Report To: Russ Colby Sample ID WC 1 WC 2 WC 3 WC 4 WC 5_ WC 6 Lab ID # # 1274 # 1275 # 1276 # 1277 # 1278 # 1279 Fecal Coliform, colonies / 100 mL 550 69 58 460,000 940 54 Reviewed by` V—a-,jc la. - i _ �C C and approved for release to the client. envirochem ENVIRONMENTAL CHEMISTS, INC Sample Collection and Chain of Custody Client: U L✓ (--), Collected By: Co 16.4 CmmnIP "1'vnP• 1 = 1nflaant F. = F.ffluant_ W =Wall CT—.L'fraam_ Cfl .—Cnil CT= 4lndaa flthare 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 Fax: (910) 392-4424 Sample Identification Collection � � � n � U . „ a V '� � PRESERVATION ANALYSIS REQUESTED z � DATE TIME TEMP L1/ L 02/14%b,) tC U , 5� C ✓ r — G 1✓� Z 15 5*L IL,, 3 s /Z7S� c 9 G W +� d L•� ,J 1 C `Z7 7 y G Lt)G S ap /Z 7? G We (0 rL r5 �I�,y I 1z 75 G cT_ G G G C. P G G C P G G NOTICE — DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated 0.2 ppm or less in the field at the time of collection. See reverse side for instructions. Transfer Relinquished By: Date/Time Received By: Date/Time 1. 2. ,Temperature ►vh ReceiveA: k Accepted: �� Rej ed: Resample Requested: Delivered By Received Received By; Date: •- G� Time:� 3 • Comments: 1 11 IMPORTANT NOTICE North Carolina Division of Water Quality (DWQ) is strictly enforcing EPA regulations for sample collection and preservation. Client Must Provide the Followine Information 1. SAMPLE IDENTIFICATION (Container Associated with requested testing) 2. SAMPLE TYPE (Composite, Grab, Water, Sod, etc_) I DATE COLLECTED 4. TIME COLLECTED 5. SAMPLE COLLECTOR 6. PRESERVATION (Including Temperature and pH ) Temperature _Samples MUST be refrigerated or received on ice between 2 and 6° C. Samples received within two (2) hours of collection must show a downward trend. Therefore, please record temperature at collection,in-space provided on collection sheet. pH : _A two (2) hour limit to chemically preserve samples by pH adjustment is allowed, except for metals samples reported to the Groundwater Section which must be acidified at the time of collection. DECHLORINATION INSTRUCTIONS CAUTION: DO NOT Mix thiosulfate with acid in bottle before collecting sample as a violent reaction will occur. Dechlorinatine Samples that Require Acid Preservation I. Add 4-5 granules of thiosulfate to a bottle with no acid preservative (unpreserved BOD/TSS bottle). 2. After mixing to disslove the thiosulrate, pour half of the sample into a bottle containing acid as a preservative ( AmmonialTKNI I Then completely fill both bottles with fresh sample. The Laboratory will verify and document the above requested information. ref, NCAC 21L0805 (a) (7) " At anytime a laboratory.receives samples which do not meet sample collection, holding time, or preservation requirements, the laboratory must notify the sample collector or client and secure another sample if possible. If another sample cannot be secured, the original sample may be analyzed, but the results reported must be qualifi ed with the nature of the infiaction(s). And the laboratory must notify the State Laboratory about the infracteon(s). The notification must include a statement indicating corrective actions taken to prevent the problem for future samples. ref. NCAC 2H.0805 a " -_C^. •f�_` ;� ,`l^'`L-4 ri -'ihf 5— ��ri�`�r_ ��`?' � 1� .[�'`CL=:+��?�" �y FN" �•. J,,�rc: -f.. r ems. -�— _:�j z/17/00 'g-to K/IV& FiQR"S PWOV 8A SMIA O #,04V- s 2 0 F-ACI A10 SE ,OVER 41.0 LAGOOA1 _ POA06-6 AI,4trr-- one CTRovND Bc-slve /RR[�iATlmn� PvHP. 2//7f00 le-6 A<iNCr AO&MS .PNOfb fflA Srl+wvfn/CT A1OR- IPP1 bR W AI PV AjP oOACIM6 SW POW,06)> WiatT� onI 4"00[11V(D jASWA/NG PrVoTo- 0 z/16/00 K G Kiwer ~M pi gyro 7R /(IW Go,eNE-k 0r- Z A&WA/ - Podo&V W*sm. S&J 671*6 Or- !AC OQAI "WIVn/cr ro Pr" M/ Gar OF PRO to . Pon/Dt,-p A/A S rm C)PP6t RI6,gr Tb 50driV SI DC- OF GA*vV J - WASTE p0AID&O onl C��P.DCJIf!> Sh/in/� Gt/1�ST� Po,Jo� DID/ C�eec%/) \ 1op �'4 /• I j��: y� J✓ I.��. �:�-may 43',��- �i+'�•:•.���,•. f4 !�!: i.: '-' � �`.., ..%i.:`.%-=�!�Y�r,-i•. �+• j.�•_-% '•v'.f�,•nr y-r��F�. �, •�; i y .Y ,�3E. �.7f.�-./ ��:GS:((rf } # _•` `'� ! r---.•;•;i%.•r � -�� � y. [T _. t i. _ ri.s�ij,`-+i; y' - :\ t `.`FT :fir'.`-n �.-_•• !_ - T 5i�..-c+ - /'-• . �t.� ,..ice _ - `% r / / .S-•. -' �J• 1i .1 - �<'= +'''_ +' rr.1. � _ti4\ r•r`' _•`�'Fti", a4 'Sir � � ' err• i'=3��_•r�.pr+h` � y ��' _ ✓ Yf '. :s a � �,. '''' ��1 �- +.;. _..�� -rf .�' � 2' � f �r fl±�l+✓�;i-: ii F J r i �r • r�i. � 1 et K�•-Y• �:Lr r1�`+ T• - _ _.t• Y "!�"'� �.�'- �'i I _�• - - _ ~'�f►'1--- .: _ .. ., .. :x_ .... . _,., .•err-.�4•= ...��-\•'? 1 . lid: �i:: v�i� • _� ../ . _ r ter.- _-�;�-f- � - __ .�-.���-{;ram_--- __..t— _ __ � ...�.- _ _ � _....,= : �-___ � _�._.____ — - -• : �A��r 4 3ta ��«.�aL P.• i'r T 11. The Groundwater Compliance Boundary for the disposal system constructed after December 31, 1983, is established at either (1) 250 feet from the waste structures and from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste structures and the waste disposal area. If this facility was constructed prior to December 31, 1983, the Compliance Boundary is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division in addition to the penalty provisions applicable under the North Carolina General Statutes. This General Permit issued the eighteenth day of May, 1998_ NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P. ector Division of Water Quality By Authority of the Environmental Management Comrnission Swine Waste General Permit Number AWG100000 7 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality February 25, 2000 CERTIFIED MAIL Z 418 221 432 RETURN RECEIPT REQUESTED Mr. Craig King King Farms, Inc. 126 Garland King Rd. Teachey, North Carolina 28464 Iva imml'� ML NCDENR NORTH CARouKA DEPARTMENT OP ENVIRONMENT AND NAruRAL RESOURCES Subject: NOTICE OF VIOLATION & RECOMMENDATION FOR ENFORCEMENT King Farms, Inc. — Swine Facility No. Pender County Dear Mr. King: Watha Farm K6 71-56, Permit No. AWG710056 This letter is to advise you that you are in violation of North Carolina General Statutes 143-215.1, 143-214.1, and Water Quality Surface Water Standards defined within 15A NCAC 2B.0211 for making an outlet to surface waters of the State, for causing a fish kill, and for noncompliance with permit conditions. This Notice of Violation follows a thorough evaluation of information gathered following a citizen complaint received by this Office on the morning of February 16, 2000. Staff of the Wilmington Regional Office conducted an investigation and discovered that a discharge of swine waste had occurred on or before February 15, 2000, from the Watha K-6 farm located off of SR 1313, North of Watha, N.C. Animal waste flowed into adjacent farm ditches, into an Unnamed tributary to Washington Creek and into Washington Creek which is tributary to the Northeast Cape Fear River and is classified as (C-swamp) waters of the State. Upon inspection of the K-6 farm, numerous puddles of swine waste were observed on the ground, in adjacent farm ditches and traced down to where wastes entered the stream. Mr. Buddy King, -and Mr. Billy Woods stated that the discharge was observed on the morning of Tuesday, February 15, 2000 between 7:30-8:00 am. Mr. Buddy King further stated that as much as 2-2.5 inches could have been discharged from the lagoon. No assessment of the discharge was made nor was any notification made to this Office within 24 hours knowledge of the occurrence. In addition, no written notification was received by this Office within the required five days after the occurrence. The referenced permit specifically states that an assessment must be made and this Office must be notified verbally and in writing of any discharge. 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 An Equal Opportunity Affirmative Action Employer FAX 910-350-2004 50% recycled/10% post -consumer paper Mr. Craig King February 25, 2000 Page Two A civil penalty of up to $25,000 may be assessed for each violation in accordance with North Carolina General Statute 143-215.6A. In addition, reasonable investigation costs incurred by the Division may also be assessed per NCGS 143-215.3(a)(9). In addition, House Bill 1160, signed into law July 21, 1999 requires you to issue a news release and a public notice concerning the discharge of animal wastes to surface waters of the State. Your written response should confirm whether these notices have been issued. Please find the attached information for your use for public notice and news releases. It is requested that you submit a written response which provides comments for any additional information you wish to present to the Wilmington Regional Office within ten (10) days of receipt of this letter. Your comments will be included within the enforcement report and submitted to the Director for his consideration. If you have questions concerning this notice, please contact me, Mr. Mike Williams or Mr. Russ Colby at (910) 395-3900. Sincerely, .` �2� �� y Rick Shiver Water Quality Regional Supervisor CIUNGNOV.FEO cc: Dennis Ramsey Wilmington Files (enf) Central Files 127 North Cardinal Dr., Wilmington, North Carolina 2S405 Telephone 910-395-3900 An Equal Opportunity Affirmative Action Employer FAX 910-350-2004 50% recycled/10% post -consumer paper 5Z�4' 126 GARLAND KING ROAD TEACHEY, N.C. 28464 910-285-2692 March 1, 2000 Mr. Rick Shiver - 127 N. Cardinal Drive - Wilmington, NC 28405 Dear Mr. Shiver, R-ECEIVE MAR 0 6 2000 3Y: This letter is written as an explanation, not as an excuse, as to the reason we did not send a letter within 5 days of our violation. All of our employees have been informed by me to notify me if there are any spills and let me contact DWQ so I can furnish facility numbers and any other information needed. I was away on business when this incident occurred and by the time I was made aware of the incident, DWQ was already on the farm. The employees did not understand that they should have contacted DWQ since I was unavailable. We spent two days on the farm with DWQ and one day with SBI and time slipped away on sending in the required notification within five.days after the incident. Attached is the letter concerning the spill at K6 on February 15, 2000. sif erely, c /ing fwc 54Z • *;6V4" IMA AadC = 126 GARLAND KING ROAD TEACHEY, N.C. 28464 910-285-2692 March 1, 2000 Mr. Rick Shiver N=E R 127 N. Cardinal Drive Wilmington, NC 28405 Dear Mr. Shiver, On February 15, 2000 there was a spill at our K6 sow farm in Pender County. A flush tank malfunctioned and ran water onto the ground. The spill was discovered between 7:30 - 8:00 am by Billy Wood who immediately called my son Buddy King. Buddy drove to the faring assessed the situation and corrected the problem. He repaired the flush tank, stopping the Tlow of water and causing it to operate properly. All of the switches and float valve have been replaced and the flush tank is completely repaired. I hired Floyd Adams, an engineer with the Adams many, to determine the volume of wastewater spilled. His report is attached to this letter. Z also contacted North Carolina Park Council in Raleigh at which time Ms. Beth Ann Mumford sent press releases to all three news- papers in Pender County concerning the spill. Apologetically, I failed to get the letter sent in to EWQ within the five day period. King Farms has tried extremely hard to be good stewards of our environment. I assure you we are doing everything we can to remain in compliance with all rules and regulations concerning spray fields. Our lagoon levels and flush tanks are checked daily and when irrigating, someone is watching constantly. We apologize to DWQ and the people of Pender County for this mishap. Sincerely, 0 / I'DIA raig ]gng fwc C ~__Ci1—_,1 t _c t i ==iI;1 TV, h1S v,Pii;1' snc.. TO - r �- -_1 2 C� m ""S COMPANYI�IG. CONSTRUCTION AND DEVELOPMENT 132 Routledge Road, post Office Box 1098 Kenansvffie. North Carolina 28349 Phone JFam (910) 296-1170 (Enkineerrg provided by The AD_INIS COMPANY, Inc. through a parmership agreement with q. Firn•d Adams, P.E-) March 1, 2000 Mr. Craig King King Fa_nns 126 Garland Kini7 Rd. Teachty, NC 29464 Sub_iect. Volume Calculations K-6 Sow Farm Deer Mr. Ding: On February 2 3"'1 1 net with Buddy Bing on the Yang Farms K-6 Sow Farm in Pender Colima on SR 1313- He mcluesied 1 take field measurements and provide calculations to determine the volume of wastewater contained in the existing lagoon bmwe--n two known elevations. The elevations were between the 23-inch and 25-inch marks on the level indicator. This level indicator is a gauge that tneasur'es the remaining available storage,in the Iagoon. Therefore the level at the 23-inch mark is nigher than tit-- level ai thm 25-inch mark. Actual field measurememts were taken on the length and width of the lagoon. 1 also -shot elevations on the top of the dike. and th,, lagoon level. The level on February 23'd matched the '_';-inch hark on the level indicator. In addition, tb; sides slopes were determined to be between a 3:1 and 2.: A slope. This infarrnation was compared to the original design plates and found to be consistent. I have enclosed calculation sheets from a design spreadsheet that rapes into account the actual volumes of the lagoon at the :3-inch indicator level and the 25-inch indicator level. It uses a 2.5:1 side slope. which if anything will calculate a slightly larger volmne than the 3:1 side slope. As a result, I conclude that the total volume is 9.215 --ubic feet or 68.928 Yallons. Should you need an-., additional assistance please do not hesitate_to contact me at 910-296-3.170. SinUereh. �.14L% , CA 8O°•. V SS T: M. Floyd Vdarns. P.E. i J . c.'l. ......r, ? Enclosures ;_rfi4O� u ;,- 0�-01-2)G00 11:19Nh1 FROM Thy �-IDZM5 CG;1='AI1', Iric.. TO operator =_______ ________ ______ _________ Fing Farms County:= ________ ________ _______= a=====_= pander Site Evaluaeion approved (yes ar no)T=====_= Yes soots (farrow to finish) : _ sows (farrow. to f eder):__ s 648 ha ad (finisiYing Orly) _ sows (farrow to wean):____ head (wean O feeder.):===_ Ave. Live Weight for Other Gperations(_bs.).> Treat. Vol.ifor other opera tions(cu ft/lb)== 0.00 Approx. 5 yr accum. sludge storage(cu. ft.)= 0 NO SL DG Additional sludge stor. if desired(cu. ft,)= 0 ALT-D 25 Year - 241 Hour Rainfall {ia.) _______: __: = 0.0 Heavy RainU:za.) Rainfall durzng storage period (in.) =«===== dMidspil- Rvaporatio= iduring storage period {in. y =,=R= 7.0 Drainage area of buildings & lots (Sq. ft.)=> Surface area! of connected waste facility(SF)> Volume of e3ccess fresh mate= (gallons/day) _= 0.0 Temporary stiarage period (days)=========F==- 180 Additional t6mp. star. vol. needed(cu. ft.)= 37538.0 Additional treat_ volume needed (cu_ ft.)=== 0 Freeboard {r"t.}.=____=�===n=====__-________= 1.00 if emer. spillway insert depth of flow(ft.)=> Side slopes ;(inside lagoon).-==_--_----___-= 2.5 1 Inside top length 325_0 Inside top wsdth (ft.):==__-----_--_-------_ i98.0 Top of dike ieleva'ti.ou (ft.) ._______________= 52.30 Bottom of lagoon elevation (ft.);==-________ 41.50 Seasonal high water :.able (SSWT) elev. (ft.) := 45.20 Total required volume:==== _______= 364311 cu. ft. Actual design volume!===== -------- 497683 cu. ft_ Total required sludge storage Vol.= 0 cu. ft. Sludge storage based on trial elev= 0 cu. ft. Top elev. of sludge by trial and error====== 41.30 0.00 NOTE: Increase the min. req. stop pumping el. when nidcessary to maintain a rain. 4 ft. liquid treatment Stop puzapingi el. (> or = to 45.10 ft.Siii,+T) 49.77 ft. --- ' 23in.Required treatment volxime: 226632 cu. ft. Vol. a- stop: pumas el. above sludge: --- -aa634 cu. ft. Start pumping 49.93 ft. Volume at start pumping elevation! 403849 cu. ft. Act. Vol. less 25yr. and heavy rain 497683 cu. ft. NOTE- Verify,, that temp. storage is adequate: Rea. volume to be purred:==== i57680 ci;_ ft. Actual volume to be pumped:== i 9215 cu. ft. /rjv, -�5 2 0 8.27 0?-01-2000 a 1: 21 3AM=R7'i The w`w113 %oE"LP-;t tY, ) r1c .. 7G 2a=1102 . C"4 AR-F:A OF TOP LENGTH- * Bi ID -I ff = j 311.4 184.4 57397.4 (AREA AT TOP OF TREATMENT VOLUME) j kRr-!A OF BOTTOM %.Sh'GTH * W-ZDTR 270-0 143.0 38610.0 (AREA AT TOP OF SLUDGE VOLUME) i AREA OF MIDSECTION LENGTH * W--= c 290.7 163.7 47576.2 (A-MM AT MIDSECTION OF TREATMENT VOLUME) j 3 i CU. FT. = [AREA TOP + (4*AREA MID -SECTION) + AREA BOTTOM!] * pEpTFj/6 57397.4 190304.9 38610.0 1.4 39463`4 AR_�A OF TOP ! LENGTH 312.2 185.2 57794.6 (AREA AT TOP OF TOTAL STORAGE LESS 25 XR. STORM t HEA E� 1-REA OF BOTTIOM s Lx7'=13 + W=DTFi = 'I 270.0 143.0 38610.0 (AREA F.T BOTTOM OF LAGOON) jl AREA OF KIDSECI r LII�C,TH * YdIDTF. _ � 291.1 164.1 477.58.1 (AREA kT MIDSECTION) CU. FT. _ [AREA TOP + (4*ARNA bUDSECTION) + AREA BOTTOM] * DXPT3/6 57754.6 191032.5 38610.0 1-4 i -m-- P-REA OF TOP _.._... ..._. I a:, �cLu.n: Nc. '_" •.._ US Cri i ! L A606 W I LENGTH _.` _ 270.0 143.0 38610-0 (AREA AT TOP OF SLUDGE VOLUME) RMI-i OF BOTTOM LENGTH * Sr-=S7 _ 270-O 143.0 38610.0 (ARMA AT BOTTOM OF LAGOON) AREA OF MIDSECTION LENGT:z ; =DTi: _ - 270.0 143.0 38610.0 (AREA AT M=DSBCT=ON OF SLUDGE VOLUME) ! CU. FT. ¢ [Aim. TOP + (4}AREA HIDSECTION) + AREA BOTTOM) 1 38610.0 Z55440.0 38610.0 1 0 DEPTB/6 0.0 071-01-" 000 11: 20AM FROM The PR E, COME=1NY } Inc. . TO 8=1102 C,4 Ap-MA OF TOP `+O ' u rxc 0 C L �„y Nlf,cZK i LENGTa * WIDTH = 311.4 164.4 57397.4 (AREA AT TOP OF TREATMENT VOLU1,M) ; AREA OF BO'l Tom LENGTH * WIDTH c 270.0 143.0 38610.0 (AREA AT TOP OF SLUDGE VOLM E) t AREA OF MT-DSECTION LENGTH * WIDTH = � 290.7 163.7 47576.2 (A-REA AT MIDSECTION OF TRSATMZXT VOLUME), ! CU. Fr. = [AREA TOP + (4*AREA MIDSECTION) + AREA BOTTOM] * DEFTH/6 57397.4 190304.9 38610.0 1.4 394634 APXA OF TOP i LENGTH * iZl-nT:i = ,_ 312.2 185.2 557794_6 (AREA AT TOP OF' TOTAL STORAG9 LESS 25 -R. STORM + HEA _'cREA OF BOTTOM a LrM+7CTH * Y;=DTH = '� 270.0 143.0 38610.0 (AREA F%T BOTTOM OF LAGOON) is AREA OF MIDSHCTION LENGTH * WIDTH = `' 3 291.1 164.1 47758.1 (AREA AT MIDSECTION) CII. FT. [AREA TOP + WAREA MIDSECTION) f AREA BOTTOM] * DEPTH/6 57794.6 191032.5 36610.0 1.4 403849 ?s.F.A OF TOP LENGTH * yrrDT'a = . 270.0 ?43.0 38610.0 (AREA AT TOP OF SLUDGE VOLUbM) nRE.A OF BOTTOM LEN CTE i=T= - 270.0 143 .O 38610.0 (7--RfiA AT 8OT'TOM OF LAGOON) ; AREA OF MIDSVECTION LENGTH - � � ..iH � - - 270.0 143.0 38610.0 (AREA A'T M=SlSECT_ON OF SLUDGE irOL=) C17. FT. ¢ [ARW. TOP + (4*AREA MT_DSECTION) + AREA BOTTOM] * DEPTH/6 38610.0 154440.0 38610.0 0.0 0 Q Division of Soil and Water Conson CompLance Inspection ervatiT ` t�� -. ✓ yirr.g .. x '� - - H. - .yt '1n -s�-r•p,�-✓ +�.. S.—,."s y �"t :., ,Si?+. E ivision_ of Water Qualrty Compf►_ance Inspechoid ; t� 3y-emu °.�i 13-other Agency =Operation Review 'z E'�t s•u , �{ea 10 Routine Complaint 0 Follow-up of DWQ inspection 0 Follow-up of DSWC review 0 Other Facility Number Date of Inspection Time of Inspection , t1 24 hr. (hh:mm) ermined [3CertifiedQ Conditionally Certified Q Registered Q Not O erational Date Last Operated: Farm Name Llv....}�C County: ...............4..... Owner Name: �...__._.......... Phone No: ........... _ ........_. _. _ Facility Contact: ..... _................. . Title. Phone No: Mailing Address: ,..._._...... .......................... ....... ..... ............ .. _........ ... _ ......... ..... Onsite Representative: Certified Operator: ..................._......_......._....._...__..._...._....................................._._........... Operator Certification -- Location of Farm: .V- Latitude Longitude Design Current Design Current Design Current Swine 'Capacity Population Poultry Capacity Population Cattle - Capacity 'Population ElWean to Feeder ❑ Layer F airy ❑ Feeder to Finish ❑ Non -Layer on -Dairy Farrow to Wean a ❑ Farrow to Feed❑Other er ❑ Farrow to Finish Total Design Capacity ❑ Gilts ❑ Boars - Total SSLW Number of Lagoons �- ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area Holding Ponds / Solid Traps 10 No Liquid Waste Management System Dischar,es & Stream Impacts 1. Is any discharge observed from any part of the operation? El Yes ❑ No Discharge oriQinatcd at: [ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? El Yes El No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) El Yes ❑ No c. if discharge is obsem-ed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (Ifycs, 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 'VA'aste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: r\Qi1j Freeboard(inches): S G............................W.._............................... __... .................................... .__. _..---..__...._.._,. • - _ .._ ._._.� - 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 3/23/99 Continued on back Facility Number- — Uate of Inspection 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes ❑ No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenatice/improvement? [:]Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ❑ No Waste Application 10. Are there any buffers that need maintenancelimprovement? ❑ Yes ❑ No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Yes ❑ No 12. Crop type _ 4 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 Iand 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? El Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes '❑ No Required Records & Documents 17, Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? Oe/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) XYes ❑ No 23, Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes P(No 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 0' �'�io yiolafip .. . iieficie>r�cies were noted• furring #his'visit: • YoU :wiii •reeeiye fio rutther corresgoridei�ce abir �f this :visit: - : .. .. . Comments (refer to'quesbon #} Explatn any YFS_answers'and/or any recommen tions or any other comments Use drawings of faciltty to better explatn sit abons (use adi$iional pages as necessary} R�Ss CCI� Y�f G�� � cc CI`V `�`��•-�� t'1 S•�c��---'-- - - - �+� ` 1 j r_4 46 v ja r et C 16� l �` t.�i t � avP". +., t� L , I-. -C ��e Q., Reviewer/Inspector Name1A Reviewer/Inspector Signature. Date- 3/23/99 1~acility Number:r) — Date of Inspection GG Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or Iagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? 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.) 31. Do the animals feed storage bins fail to have appropriate cover? 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? Additional Comments an or.• rawings_ .,_'; .. J C'J ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ��V =, ve,—�L w.eS II" r�- L GL- r tko L L 11 -5 sties k%-. 3/23/99 State of North Carolina AW Department of Environment and Natural Resources='-�� • Division of Water Quality AUG 2 71998 James B. Hunt, Jr., Govemor FY._ now Wayne McDevitt, Secretary -- A. Preston Howard, Jr., P.E., Director NCDENR NORTH CARouNA DEPARTmr;.w OF EN%nRONMCW Am> NmuRAL RESOURCES August 21, 1999 Craig King Watha Farm K-6 126 Garland King Rd. Teachey NC 28464 Subject: Certificate of Coverage No. AWS710056 Watha Farm K-6 Swine Waste Collection, Treatment, Storage and Application System Pender County Dear Craig King: In accordance with your application received on May 20, 1998, we are forwarding this Certificate of Coverage (COC) issued to Craig King, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Watha Farm K-6, located in Pender County, with an animal capacity of no greater than 1248 Farrow to Wean and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). the COC shall be effective from the date of issuance until April 30, 2003. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. This COC is not automatically transferable. A namelownership change application must be submitted to the DWQ prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for P.O. Box 29535, Raleigh, North Carolina 27626-0535 'telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Certificate of Coverage AWS710056 Watha Farm K-6 Page 2 information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the General Permit, please contact J R Joshi at (919) 733-5083 ext. 363. Sincere] , i A. Preston Howard, Jr., P.E. cc: (Certificate of Coverage only for all cc's) Pender County Health Department Wilmington Regional Office, Water Quality Section Pender County Soil and Water Conservation District Permit File e State of North Carolina ��. Department of Environment and Natural Resources It �- Division of Water Quality Non -Discharge Permit Application Form V� (I'HIS FORA4 Alit Y BE PHOTOCOPIED FOR USE AS AN ORIGINAL) General Permit - Existing Liquid Animal Waste Operations The following questions have been completed utilising information on filr with`tiie Division. Please review the information for completeness And make any corrections whic�i are tip[iro riale, if n _ question has not been completed by the Division, please complete as best aL;�f[tsibie.� D`o net leave any question unanswered. :_ 1. GENERAL INFORMATION: "` �' =, ~' h 1.1 Facility Name: Watha Farm K-6 1.2 Print Land Owners name: Craig King 1.3 Mailing address: 126 Garland_King Rd. City, State: Teachey NC Zip: 2PA64 - Telephone Number (include area code): 910-285-2692 1.4. County where facility is located: Pender 1.5 Facility Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy of a county road map with the location of the farm identified): Farm Location: I-40 Exit, N. IIw . 11. 1 mile turn left on Farm Rd. 1/5 mile. 1.6 Print Farm Managers name (ifdifferent from Land Owner): a-9011 L7 Lessee's / Integrators name (if applicable; please circle which type is listed): 1.8 Date Facility Originally Began Operation: 01/01/93 1-9 Date(s) of Facility Expansion(s) (if applicable): /.2-11- 9 S ._r 2. OPERATION INFORMATION: 2.1 Facility No.: r71 (county number); (facility number). 2.2 Operation DescitpnSwine operation �f arrow to Wean Farrow to Feeder 1248- Certified Design Capacity 1s the above information correct? ,i yes, Ker o. If no, correct below using the design capacity of the facility The "No. of Animals" should be the ma)dmum numr which the waste management structures were designed. Type of Swine Wean to Feeder Feeder to Finish Farrow to Wean (# sow) Farrow to Feeder (# sow) Farrow to Finish (# sow) No. of Animals Type of Poultry No. of Animals Layer S10 Non -Layer lL Turkey ype of Cattle No. of Animals Dairy Beef Other Type of Livestock on the farm: ^ No. of Animals: D FORM: AWO-G-E 1/28/98 Page 1 of 4 .71 - 56 2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application system): 80 required Acreage (as listed in the AWM1): 60.4 2.4 Are subsurface drains present within 100' of any of the application fields? YES or(N (please circle one) 2.5 Are subsurface drains present in the vicinity or under the lagoon(s)? Y ES or FO (please circle one) 2.6 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, NRCS Standards, etc.) (Swine Only) (�5V or NO (please circle one) What was the date that this facility's swine houses and lagoon were sited? �.. 3 -9 What was the date that this facility's land application areas were sited? -SOME 3. REQUIRED ITEMS CHECKLIST Please indicate that you have included the following required items by signing your initials in the space provided next to each item. Applicants Initials 3.1 One completed and signed original and one copy of the application for General Permit - Animal Waste Operations; r[ 3.2 Two copies of a general location map indicating the location of the animal waste facilities and . Meld locations where animal waste is land applied; C - 3.3 Two copies of the entire Certified Animal Waste Management Plan (CAWMP). If the facility does not have a CAWMP, it must be completed prior to submittal of a general permit application for animal waste operations. I The CAWMP must include the following components: 3.3.1 The Waste Utilization Plan (WUP) must include the amount of Plant Available Nitrogen (PAN) produced and utilized by the facility. 3.3.2 The method by which waste is applied to the disposal fields (e.g. irrigation, injection, etc.) 3.3.3 A map of every Field used for land application. 3.3.4 The soil series present on every land application field. 3.3-5 The crops grown on every land application field. 3.3.6 The Realistic Yield Expectation (AYE) for every crop shown in the WUP. 3.3.7 The PAN applied to every land application field. 3.3.8 The waste application windows for every crop utilized in the WUP. 3.3.9 The required NRCS Standard specifications. 3.3.10 A site schematic. 3.3.1 1 Emergency Action Plan. 3.3.12 Insect Control Checklist with chosen best management practices noted. 3.3.13 Odor Control Checklist with chosen best management practices noted. 33.14 Mortality Control Checklist with the selected method noted. 3.3.15 I_agoonlstorage pond capacity documentation (design, calculations, etc.) If your CAWMP includes components not shown on this list, such as an irrigation design, or site evaluation, please include the additional components with your submittal. FORM: AWO-G-E 1128/98 Page 2of4 - 71-56 Facility Number: 71 - 56 Facility Name: Watha Farm K-6 4. APPLICANT'S I, � this application for has been reviewed application are not package will be re Signature TIFICATION: ell (Land Owner's name listed in question.1.2), attest that (Facility.name listed in question 1.1) me andiss accurate and complete to the best of my knowledge. I understand that if all regnired parts of this npleted and that if all required supporting information and attachments are not included, this application led to me as iifconinlete. Date 6-- f 3 ` 479 5. MANAGER'S CERTIFICATION: (complete only if dilrerent from the Land Owner) (Manager's name listed in question 1.6), attest that this application for (Facility name listed in question 1.1) has been reviewed y the and is accurate and Complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that hall required supporting information and attachments are not included, this application package will be returned as incomplete. Signature Date . - 13 . 4Y THE COMPLETED ILICATI N P CKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: I NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE PERMITTING UNIT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626:-0535 TELEPHONE NUMBER: (919) 733-5083 FAX NUMBER: (919) 733-0719 FORM: AWO-G-E -1128198 Page 3 o64 - 7I -56 k (l Pender Soil and Water Conservation District Telephone 910 259 4305 80I South Walker Street Past Office Box 248 Burgaw, north Carolina 28425 CERTIFICATION CHECKLIST ANIMAL WASTE MANAGEMENT PLAN CERTLF'ICATION NUTRIENT MANAGEMENT PLAN NARRATIVE SUMMARY NUTRIENT MANAGEMENT PLAN FIELD MAPSy SOIL AND WASTE ANALYSES � NRCS REQUIRED SPECIFICATIONS BMPS FOR HANDLING SWINE WASTE CALIBRATION INFORMATION FOR NUTRIENT APPLICATION EQUIPMENT WASTE APPLICATION RECORDS INSECT AND ODOR CONTROL EMERGENCY ACTION PLAN Signature below acknowledges receipt of Certification Components by Owner/Operator. us�.Qs1 � t - � Q • 97 Signature 4tTechnical Specialist Date Signed J,e� IL. /a -/9'- 97 Signature Fa caner/Operator Date Signed 'Iliis flan will be implemented ut Ole even( that aninjil manure or lagoon eQluent h-otu your operation is leaking, overflowing, or nmuing oatlte site: , Step (1) Stop the release or flow of manure/effluent. Step (2) Assess the extent of the spill and note any obvious damages. Step (3) Contact appropriate personnel and agencies. Rind Farms 910--285=2692 (See Land & Nutrient Managenrent phone list aftached.) Departweut ofL-nviromneutal Management )EM) Regional Office: i0-3900 DEM after hours entergeucy. 9 2 9-733-3942 Local Emergency Mauagement System z 9, of % � 0 Local Natural Resource Consemdon Service: 91D - Z 4bl - a I Local Cooperative Extension Service: Local Soil and Water Conservation District: Local dirt-movinglheavy equipment companies: Name Phone # 1. Tl �/✓ �RjO1415 ql4 - Z 6-- �2 Z 9 7- 2. 3. Local contract pumpinglurigadon equipment companies: Name Those # 1. 2. 3. Step (4) Implement procedures as advised by' vT , ❑EM, and technical assistance agencies to rectify the damage, repair the system, and reassess the nutrient management plan to prevent future problems. 4 0 /11 EMERGENCY ACTION PLAN Using this outline as guidance, you should develop a specific emergency action plan for your waste handling system. This plan will be implemented in the event that wastes from your operation are leaking, overflowing, or running off the site. You should NOT wait until wastes reach surface waters or leave your property to consider that you have a problerh. 'You should make every effort to ensure that this does not happen. This plan should be available to all employees at the facility, as accidents, leaks, and breaks could happen at any time. Your plan should follow this format: 1. Stop the release of wastes. Depending on (lie situation, this may or may not be possible. Suggested responses to problems are listed below: a. Lagoon overflow —possible solutions are: add soil to berm to temporarily increase elevation of dam --any permanent alteration of the dam should be approved by a qualified technical specialist pump wa`sies to field at an acceptable rate stop all additional flow to the lagoon (waterers) —hold waste in house if possible call a pumping contractor make sure no surface water is entering lagoon NOTE: These activities should be started when your lagoon level has exceeded the temporary storage level. b. Runoff from waste application field —actions include: immediately stop waste application create a -temporary diversion or berm to contain the waste on the field incorporate waste to reduce further runoff C. Leakage from the waste distribution system: pipes and sprinklers —actions include: — slop recycle (flushing system) pump — stop irrigation pump close valves to eliminate further discharge separate pipes to create an air gap and stop flow flush system, houses, solids separators —actions include: — stop recycle (flushing system) pump -- stop irrigation pump -- make sure no siphon effect has been created separate pipes to create an air gap and stop flow d. Leakage from base or sidewall of lagoon. Often these are seepage as opposed to flowing leaks —possible action*: dig a small well or ditch to catch all seepage, put in a submersible pump, and pump back into lagoon if holes are caused by burrowing animals,trap or remove animals and fill holes and compact with a clay type soil other holes may be likewise temporarily plugged with clay soil *Lagoon problems require the consultation of an individual experienced in the design and installation of lagoons for permanent repair measures. 2. Assess the extent of the spill and note any obvious damages. a. Did the waste reach any surface waters? b. Approximately how much was released and for what duration? C. Any damage notes, such as employee injury,fish kills, or property damage? 3. Contact appropriate agencies. a. During normal business hours, call your DEM regional office, at 910-395-3900, after hours, emergency number: 919-733-3942. Your phone call should include: your name, facility, telephone number, the details of incident from item 2 above, the exact location of the facility, and the location or direction of movement of the spill, weather and wind conditions, what corrective measures have been under taken, and the seriousness of the situation. b. If spill leaves, of is likely to leave, property or enters surface' waters, call local emergency management services (EMS) at 910-296- 2160. C. instruct EMS to contact local Health Department. d. Contact local Soil and Water Conservation District Natural Resources Conservation Service office at 910-296-2121, and Cooperative Extension Service at 910-296-2143for advice/technical assistance. e. If you are a contract swine grower associated with a swine company. integrator, contact the company representative. 4. Implement procedures. as advised by DEM and technical assistance agencies to rectify the damage, repair the system, and reassess the waste management plan to keep problems with release of wastes from happening again. DUPLIN COUNTY COOPERATIVE EXTENSION SERVICE PO BOX 458 KENANSVILLE, NORTH CAROLINA 28349 910-296-2143 i DUPLIN COUNTY SOIL AND WATER CONSERVATION DISTRICT i NATURAL RESOURCES CONSERVATION SERVICE PO SOX 277 KENANSVILLE, NORTH CAROLINA 28349 910-296-2121 DUPLIN COUNTY EMERGENCY MANAGEMENT SYSTEM PO SOX 909 KENANSVILLE, NORTH CAROLINA 28349 910-296-2160 DIVISION OF ENVIRONMENTAL MANAGEMENT 127 CARDINAL DRIVE. EXT WILMINGTON, NORTH CAROLINA 28405-3845 910-395-3900 OPERATION AND MAINTENANCE PLAN ------------------------------ This lagoon • is des i gned for- waste treatment ( permanent storage ) w i th minimum odor- control. The time required for- the planned fluid level to be reached (permanent } ternp_tr-ary storage) may vary due to flushing operations and the amount of fresh water- to tie added to the system. The designed 6 months temporary storage is an estimated volume based on : 1) waste from animals; 2) a;,cess rainfa l I after evapor-at i c-rr; arid 3) the largest 24 hour (orre day) r-a i nfa l I that occurs on the average of once every 25 years. The volume of waste generated from a given number- of animals wi l I he fairly constant througKout the year and from year to year. This estimate is based on 7 inches of excess rainfall which is equa I to or exceeds the h i ghest 6 months e;:cess i n a year . The average annual emc ess rainfal I is approximately 3 inches. Therefore, an average of 8 inches of excess. rainfalI wiI need to tie pumped each year. The 25 year rainfal I wi I I riot tie a factor to consider in an annual pumping 'cycle, but this storage volume roust always tie available. A maxi rnurn elevation is determined in each design to begin pumping and this is usually the outlet invert of pipes) from bui Idirig (s). If the cutlet pipe is not instaIIed on the e,Ievation to begin pump 1rig, a permanent marker roust be installed on this elevation to indicate when pumping should begin. An elevation must be established to step pumping to maintain minimum treatment idepth (f feet) . Pumping can be started or stopped any time between these two elevations for operating convenience as site conditions permit (weather, soils, crap, and equipment to apply waste without runoff or leaching). Land application of waste water is redognized as an acceptable method of disposal. Methods of app I i cation include so l i d set, center p i vot, Burrs, and travel i rig gun i rr- i gat i orr. Care shrou I d be taker, when applying waste to prevent runoff from the field or damage to crops. The following items are to be carried out: 1. It is strongly recommended tha the treatment lagoon be pre - charged to 1/Z, its capacity to prevent e�:cess i ve odors during start-up. Pre -charging reduces the cc-ncentration of the initial waste entering the lagoon thereby reducing odors. So 1 1 ds should be covered with offI.uent at al times. When pre - charging is completed, f lush bu i I d i ngs with recycled l aSoorr I i qu i d. Fresh water- should not be used for f 1 ush i ng after initial filling. 2. The attached waste ut i l i zat i en plan sha I I be followed. This plan recommends sampling and testing of waste (see Attachment r) before land application. 3. Begin pump -out of the I aga1:-n when fluid level reaches e l eva- t i on as marl€ed by permanent markers. Step pump -out when the fluid level reaches elevation 48'.rE'O or before f l u i d depth is less than 6 feet deep (this prevents the loss of favorable bacteria). The design temporary stor-age, less :5 year- s tor-m i s 120:34 cubic feet or- 90016Z gal I ons . As stated before, this vclurne wiII vary considerably frc-m year- to year`. 4. The recommended rnax i murn amount tv apply per irrigation is o ne (1) inch and the recommended maximum app I i cation rate is 0.4 inches per hour. F. Deep vegetat i {err on embankment and areas adjacent to the I agC.orr mowed annual i y. Vegetation should be fertilized as needed to maintain a vigorous stand. 6. Repai r any eroded areas or- areas damaged by rodents and establish in vegetation. 7. Al surface runoff is to be diverted frcm the Iagoon tc. stable cutlets. L . keep a rn i n i mum of 100 feet c r-op I and buffer- or 25 feet cif grass vegetated buffer- around waste utilization fields, particularly adjacent to ponds, (apes, streams, open ditches, etc. Do not pump within 00 feet of a residence t-r- within 100 feet of a weI I . 9. The Clean Water- Act of 1977 prep i b i is the d i schar-ge of pollutants into waters of the United States. The Department of Environment, Health, and Natural Resources, Division of Environ- mental Management, has the respons i b i I-i ty for enforcing this law. P40TES : ---------------------------------------------------------------------- -------------------_..--------------------------------------------_----- -------------------------------------------_.----------_--_----------_- WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to -meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 -Filter Strip) _ 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in: method which does not cause drift from the site during application. No ponding should occur in order to control odor or flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. Page: 8 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking. dormancy. 11. Any new swine facility sited on or after October..1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river (other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips). 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by a discharge -or by over -spraying. Animal waste may be applied to prior converted cropland provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharges directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from` the site. 15. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. - 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. C Page: 9 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be. applied preplant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. Page: 10 NORTH CAROLINA ENYIRONMENTAL A ANAGENIENT CONAIISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SWINE WASTE OPERATION GENERAL PERMIT This permit shall be effective from the date of issuance until April 30, 2003. Holders of Certificates of Coverage (COC) under this permit shall comply with the following specified conditions and limitations: I. PERFORNtkNCE STANDARDS The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. Application of waste at agronomic rates to terraces and grassed waterways is acceptable in accordance with Natural Resources Conservation Service (NRCS) Standards. Facilities which are in compliance with their CAWMP and this permit, which unintentionally discharge as a result of a storm event greater than the 25-year, 24-hour storm, will not be considered to be in violation of this permit. 2. The CAXVMP is hereby incorporated by reference into this general permit_ New or expanding farms are required to be certified prior to the stocking of animals. The CAIAIMP must be consistent with all applicable statutes, rules and standards in effect at the time of siting, design and certification of the facility. Any violation of the CAWMP shall be considered a violation of this general permit and subject to enforcement actions. A violation of the General Permit may result in the Permittee having to take immediate or long term corrective action(s) as required by the Division of Water Quality. These actions may include modifying the CAVJW, ceasing land application of waste, or removing animals from the farm. 3. The facility may not be expanded above the capacity shown in the COC until a new COC reflecting the expansion has been issued. 4. A copy of this General Permit, COC, certification forms, lessee and landowner agreements, and the CAWMP shall be readily available at the farm (stored at places such as the faun residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in goad condition and records shall be maintained in an orderly fashion. 5. For all new and expanding operations, no collection or storage facilities may be constructed in a 100-year flood plain. 6. Existing swine dry lots may remain in wetlands as Iona, as the wetlands uses are not removed or degraded as a result of the swine. The swine however may not be confined within 100 feet of an adjacent stream or a seasonally -flooded area. The swine also must not cause a loss of more than 10% of the existing tree canopy. Where trees do not exist, the area must be managed to include crop rotation. II. OPERATION AND MUINTENA.NCE REQUIREMENTS 1. The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated. 2. A vegetative cover shall be maintained on all land application fields and buffers in accordance with the CAWMP. No waste may be applied upon fields not included in the CAWMP. 3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop production. 4. 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 receiving crop or result in runoff during any given application. 5. Application of animal waste onto land which is used to grow crops for direct human consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur following the planting of the crop or at any time during the growing season, or in the case of fruit bearing trees, following breaking dormancy. Application of animal wastes shall not occur within 30 days of the harvesting of fiber and food crops for direct human consumption that undergo further processing. 6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated into the soil within two (2) days after application on the land. This requirement does not apply to no -till fields, pasture, or fields where crops are actively growing. 7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, storage and application system. Washdown of stock trailers, owned by and used to transport animals to and from this farm only, will be permissible as Ion,- as the system can accommodate the additional volume. Only those detergents and disinfectants that are labeled by the manufacturer as readily biodegradable may be utilized. 8. Disposal of dead animals shall be done in accordance with the North Carolina Department of Agriculture and Consumer Services .(NCDACS) Veterinary Division's regulations. 2 9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the animal waste lagoons and storage ponds to prevent any unnecessary addition to the liquid volume in the structures_ 10. A protective vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside toe of embankment 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. 1 I . At the time of sludge removal from a lagoon, the sludge must be managed in accordance with a,CAWMP. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to lagoon dikes and liners.~ 12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 13. The facility must have one of the following items at all times (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, (c) a contract with a third party applicator capable of providing adequate waste application, or (d) a contract for the purchase of the equipment. Equipment shall be capable of meeting permit condition H (4). III. MONITORING AND REPORTING REQUIREMENTS An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted. at a frequency to insure proper operation but at Ieast monthly and after storm events. For example, lagoons, storage ponds, -and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Any major structural repairs (to lagoons or waste storage ponds) must have written documentation from a technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or decreased), etc.]. 3 ? If not already installed at this facility, a waste -level gauge to monitor waste levels shall be installed within 60 days of issuance of the COC under this general permit. This gauge 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, top of the dam elevations_ Where storage ponds are utilized, only a gauge indicating the maximum liquid level at the top of the temporary liquid storage volume and top of dam elevations need be installed. Caution must be taken not to damage the integrity of the liner when installing the gauge. Waste lagoon and storage pond levels shall be recorded weekly on forms supplied or approved by the DWQ. For level gauges already installed, the gauge shall have at a minimum: readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume and minimum liquid level at the bottom of the temporary liquid storage volume. 3. A representative Standard Soil Fertility Analysis, including pH, copper, and zinc, shall be conducted annually on each application field receiving animal waste. The results of these tests shall be maintained on file by the Permittee for a minimurn of three years and shall be made available to the DWQ upon request. 4. An analysis of the animal waste 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: Nitroaen Zinc Phosphorous Copper 5. Records, including land application event(s) and removal of solids to an off -site location(s) records, shall be maintained by the Perrriittee in chronological and legible form for a minimum of three years_ These records shall be maintained on form_ s provided or approved by the DWQ and shall be readily available for inspection. 6. Regional Notification: The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: a. Failure of any component of the animal waste collection, treatment, storage and land application system resulting in a discharge to surface waters. b. Any failure of the animal waste treatment and disposal system that renders the facility incapable,bf adequately receiving, treating or storing the animal waste and/or sludge. c. A spill or discharge from a vehicle transporting animal waste or sludge to the land application field which results in, a discharge to surface waters or an event that poses a serious threat to surface waters. d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment. 4 e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V (3) of this General Permit. f. Overapplying animal waste either in excess of the limits set out in the CAVJMP or where runoff enters surface waters. g. Any discharge that bypasses a lagoon/storage pond resulting in a discharge to surface waters or that poses a serious threat to the environment. For any emergency which requires immediate reporting after normal business hours, please contact the Division of Emergency Management at 1-800-858-0368. The Permittee shall also file a written report to the appropriate DWQ Regional Office of the occurrence within 5 calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the DWQ Regional Office. IV. - INSPECTIONS Any duly authorized officer, employee, or representative of the DWQ may, upon presentation of credentials and in accordance with reasonable and appropriate biosecurity measures, enter and inspect any property, premises or place on or related to the collection, treatment, storage and land application system at any reasonable time for the purpose of determining compliance with this permit; may inspect and obtain a copy of any records that must be kept under the terms and conditions of this permit; and may obtain samples of the animal waste, groundwater, soil, plant tissue, or surface water. V. GENERAL CONDITIONS 1. The issuance of a COC under this permit shall not relieve the Permittee of the responsibility for damages to surface waters or around waters resulting from the animal operation. 2.. The Permittee shall designate a certified animal waste management system operator to be in charge (OIC) of the animal waste management system. The animal waste management system shall be operated by the OIC or a person under the OIC's supervision. 3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-N•rar, 24-hour storm event plus an additional i foot of structural freeboard. In addition to the above requirements, for new and expanding farms with lagoon designs completed after September 1, 1996, storage must also be provided for the heavy rainfall factor for lagoons without an outside drainage area. In the case of lagoons/storage ponds in series that are gravity fed, the 25-year, 24-hour storm event and/or the heavy rainfall factor storage requirements for the system may be designed into the lowest lagoon/storage pond in the system. However, adequate freeboard must be designed into each of the upper lagoons/storage ponds to allow sufficient storage to prevent the waste level from raising into the structural freeboard while the storm water is draining into the lowest lagoon in the system. 5 Should the DWQ have good reason to believe that any activities conducted pursuant to this permit may cause or contribute any waste, directly or indirectly, to be intermixed with the waters of the State, the DWQ may require any monitoring (including but not limited to groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of such waste upon the waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission requirements. "Good Reason" may be based on the findings of a related Federal, State, Commission or DENR authorized study or report, or other evidence showing that violations of State water quality standards or other applicable environmental standards have occurred or may occur. 5. Failure to abide by the conditions and limitations contained in this permit, the facility's CA'IA'MP and/or any COC issued under this permit may subject the Permittee to an enforcement action by the DWQ in accordance with North Carolina General Statutes and may include the requirement to obtain an individual non -discharge permit and/or the modification of the animal waste management system 5. The issuance of a COC under this permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, or 'ordinances (local, state, and federal). 7. If animal production ceases, the Permittee shall close the lagoons/storage ponds in accordance with Natural Resource Conservation SenCS �ice (NR) lagoon/storage pond closure standards or develop and implement an animal waste management plan in accordance with NRCS standards. Closure shall also include notifying the DWQ and submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to DWQ- Water Quality Section- Non -Discharge Branch'within 15 days of completion of closure. S. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of the COC granting coverage under this General Perrnit. 9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements which are required in the CAWMP, shall constitute grounds for revocation of the COC granting coverage under this General Permit. 10. This permit allows for the distribution of manure up to 4 cubic yards per visit to individuals for personal use. L Mr. Craig King February 25, 2000 Page Two A civil penalty of up to $25,000 may be assessed for each violation in accordance with North Carolina General Statute 143-215.6A. In addition, reasonable investigation costs incurred by the Division may also be assessed per NCGS 143-215.3(a)(9). In addition, House Bill 1160, signed into law July 21, 1999 requires you to issue a news release and a public notice concerning the discharge of animal wastes to surface waters of the State. Your written response should confirm whether these notices have been issued. Please find the attached information for your use for public notice and news releases. It is requested that you submit a written response which provides comments for any additional information you wish to present to the Wilmington Regional Office within ten (10) days of receipt of this letter. Your comments will be included within the enforcement report and submitted to the Director for his consideration. If you have questions concerning this notice, please contact me, Mr. Mike Williams or Mr. Russ Colby at (910) 395-3900. Sincere ly, y Rick Shiver Water Quality Regional Supervisor CKINGNOV . FEO cc: Dennis Ramsey rWWilffi ngton Files (erlfJ Central Files 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 An Equal Opportunity Affirmative Action Employer FAX 910-350-2004 50% recycled110% post -consumer paper .