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HomeMy WebLinkAbout710072_HISTORICAL_20171231NORTH CAROLINA Department of Environmental Qual aolSol 4eo PLAN OF ACTIO .(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 71-72 Facility Name: Certified Operator Donald Hall County: Pender Operator Number: 1. Current liquid level(t) in inches as measured from the current liquid level in the lagoon to the lowest point on the top !of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. I Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon NamelID: Ponderosa 5pillway(Y or N): no Level(inches): I 17 2. Check all applicable items i Liquid levellis within the designed structural freeboard elevations of one or more structures. Five and 30day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. XXXX Liquid levellis within the 25 year 24 hour storm elevations for one or more structures_ A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is tobe pumped and hauled to off site locations. Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. `Attach a complete schedule with corresponding animal units and dates fro depopulation `if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 06/28/2013 I hereby certify that I have reviewed the Information listed above and included within the attached Plan of Actlon, and to the beat of my knowledge and ability, the information Is accurate and correct.; i Donald HalllAJ Linton Phone: �a Facility Owner/Manager (print) ���� r a /1/7uDate: Facility Owner/Manager (signature) 910-520-3555 Y Y I. TOTAL PAN TO BE 1. Structure 2. Current I OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD APPLIED PER WASTE STRUCTURE (ID): Ponderosa volume in 25 yr.124 hr. storm storage & structural freeboard current liquid level according to marker designed 25 yr.124 hr. storm & structural freeboard c. line b - line a (inches in red zone) _ I d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c/12 x line d x 7.48 galionslW 3. Projected volume of waste liquid produced during draw down period If. temporary storage period according to structural design 17.0 inches 19.0 inches 2.0 inches 1020360 ftz 1272049 gallons 180 days g. volume of waste produced according to structural design 495720 ft3 h. current herd # 3672 certified herd #1 3672 actual waste produced = current herd # x fine g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 dayslline f= 4, Total PAN to be land applied during draw down period i I. current waste analysis dated 07/30/2012 rn. ((lines e + k)11000) x line I I REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) I I i r PoA (30 Day) 2121100 495720 ft° ®ft3 73500 ft3 709628 gallons 1.00 Ibs/1000 gal. 1981.7 lbs. PAN i II. TOTAL POUNDS OF PAN STORED WITHI14 STRUCTURAL FREEBOARD ANDIOR 25 YRJ24 r HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1, Structur4 ID: fine m = 1981.7 lb PAN 2. Structu ' ID: 3. Structul ID: 4, Stnrctur ID: 5. Structur 10: 6. Structure ID: One m - lb PAN line m = lb PAN One m = lb PAN line m = lb PAN line m = lb PAN n. lines 1 + 2 + 3 + 4 + 5 t 6 ■ 1981.7 lb PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD_ Dn NAY EMT FIFt C3 Tn wwinw PAN CANNov RE APPLIFn DURINA Twis 3a nav PFRien_ o. tract # p. field 9 i q. crop r. acres s r KnWnhV IRR 2 PAN ba rim Nw—j L TOTAL PAN aALANCE FOR FIELD(be.) tdumnrxs u. epplkztk�n window' Zonal Pull1&2 Bermuda 7.16 296.00 2119.4 Zone 3 Pull 5 Bermuda 4.35 . 298.00 1290,8 I i I 'State current crap ending application date or next crop application beginning date for available receiving crops duri4 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 3409.9 lb. PAN IV. FACILITY'S PoAI OVERALL PAN BALANCE • i w. Total pAN to be land applied (line n from section 11) 1981.7 lb. PAN x. Crop'i remaining PAN balance (line v from section 111) s 3409.9 lb. PAN y. Overall PAN balance (w - x) _ 4426 lb. PAN _lne y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and caul, depopulation, herd reduction, etc. For pump 8 haul and herd reduction options, recalculate new PAN base m new fnforrnatlon. i If new fields are to be Inchided as an option for lowering lagoon level, add these fields to tht 'AN balance table and recalculate the overall PAN balance. If anlmal waste is to be hauled to another permitted acility, provide information regarding the hard population and lagoon freeboard levels at the receiving Willy. NARRATIVE: Irrigation onto existing spray fields will continue as weather and field conditions permit i i I PoA (30 Day) 2f21100 I a4)01oi 3ai PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): I Ponderosa 71-72 2. Current liquid volume in structural freeboard a, current liquid level according to marker b. designed structural freeboard zone (Normally 12 inches or greater) c_ line b - line a (inches within structural freeboard) d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c112 x line d x 7.48 gallonslft3 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design g. volume of waste produced according to structural design h. current herd # 1836 certified herd #1 3672 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 5 days/line f = 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k = 11.0 inches 1 Ed inches 8.0 inches 1020360 ftz 5088195 gallons 180 days 495720 ft3 247860 ft' 0 ft3 7350 fft3 66771 gallons 5154967 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) 2/21100 y. line o - 1.90 inches per acre to be applied within 5 days line x If unable to land apply hydraulic load listed in line y, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new hydraulic load based on new information. Houses will be completely empty next week. Pump and haul may is needed due to irrigation system on the farm can not be used due to wetness of the fields. Plan to land apply hydraulic load: 1. Describe moisture conditions of fields? (e.g. Is there water standing in field; does irrigation equipment mar down in tieia;-tratticauiuty-- across sous; Fields are wet and irrigation equipment can not be used. 2. Date and amount of last rainfall event? DATE: 1 07/02/13 First of June 2013 runoff, etc. AMOUNT: 1 1.0D inches 4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the volume in line "n" at appropriate seasonal i.e. winter application rates within 5 days? yes, if soil conditions allow it 5. Irrigation schedule for next 5 days - include daily schedule; proposed application rates and amounts per irrigation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel speed, etc. to meet proposea cnan es in appiication rates ana amounts; and any otner lntormation Tor consiaeration. Smaller rings and short application times will be used with faster travel speeds, Pump and haul may be used or Aeroway system used to land inject "No current waste application agreement has been signed. Expired on 10-5-2010. Made producer aware of this compliance issue. Completed by Jason Turner 7-3-13 PoA (5 Day) 2/21100 II. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: Ponderosa 71-72 line I = 5154967 gallons 2. structure ID! line I = gallons 3. structure ID: line I = gallons 4. structure ID: line I = gallons 5. structure ID: , line I = gallons 6. structure ID: line I = gallons n.lines 1+2+3+4+5+6= o. linen 127154 = 5154967 gallons 189.84 acre -inches III. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOD''2 'While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate for receiving crop according to its certified waste plan. 2Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are not considered available to receive waste. p. tract # q. field # r. soil type s. crop t. acres u. remaining IRR-2 PAN balance (Ib/acre) v. maximum application rate (inlhr) w. maximum application amount (inches) 2974 1 Wo Sor hum 25.00 83 0.5 1 1 AuB 75.00 76 0.5 1 x. total acres available during 5 day draw down (sum of column t) = 100.00 acres IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE PoA (5 Day) 2121 /00 a LA PE ER SWCD COPY Nutrient Management Plan For Animal Waste Utilization This plan has been prepared for: Ponderosa 71-72 Donald Hall 4615 NC HWY 113 Rocky Point, NC 28457 910-675-0473 01-06-2006 This plan has been developed by: JASON TURNER PENDER SWCD RECEIVED I DENR I DWO AQUIFFR'PR(nTF:rTI()11i SECTION 0-259-9123 Ext. #3 MAR 3 U 2QQ9 (De)voper Signature ,� M �-r"Iv]R;J�) PO BOX 248 801 S. WALKER ST. BURGAW, NC 28425 Type of Plan: Nitrogen Only with Manure Only APR 0'2 2009 Owner/Manager/Producer Agreement I (we) understand and agree to the specifications and the operation and maintenance procedures established in this nutrient management plan which includes an animal waste utilization plan for the farm named above. I have read and understand the Required Specifications concerning animal waste management that are included with this plan. 0�)n-o,�j ),� /,Lw� Signature (owner) Signature (manager or producer) Date Date This plan meets the minimum standards and specifications of the U.S. Department of Agriculture - Natural Resources Conservation Service or the standard of practices adopted by the Soil and Water Conservation Commission. Plan Approved By: ech ical Specialist Signature Date - --- ---- - ----- ------ ---- ---- ---- ----- - .. - ------ --- 360935 Database Version 3.1 Date Printed: 01-06-2006 Cover Page 1 0 ! Nutrients applied in accordance with this plan will be supplied from the following source(s): 0 Commercial Fertilizer is not included in this plan. S7 Swine Feeder -Finish Lagoon Liquid waste generated 3,403,944 gals/year by a 3,672 animal Swine Finishing Lagoon Liquid operation. This production facility has waste storage capacities of approximately 180 days. Estimated Pounds of Plant Available Nitrogen Generated per Year Broadcast,;. 7840 :Incorporated 13464 Injected', 14828 Irrigated 8522 Max. Avail. PAN (lbs) * Actual PAN Applied (lbs) PAN Surplus/ Deficit (lbs) Actual Volume Applied (Gallons) Volume Surplus/ Deficit (Gallons) Year 1 8,522 8533 -11 3,408,560 -4,616 -t--:--------1n ----source--- --- -- ---e-a-ns-st - - da-rd ----sour---c--e-,------ m---ea--ns ---user -----defi- --ne-d---s'o--urce.----------------------------------------------------------•-- NoeID, 5 mantJ • Max. Available PAN is calculated on the basis of the actual application method(s) identified in the plan for this source. 360935 Database Version 3.1 Date Printed: 01-06-2006 Source Page Page 1 of 1 Narrative This plan reflects a wettable acres determination done by Margaret O'Keefe, NC DSWC on 12-9-05 for 23.97 acres. Producer overseeds bermuda with winter wheat that is harvested for hay in the spring of the year. A rate of 60 lbs. can be applied to the wheat due to the crop not going full heading stage because it has be cut off before it shades out the new growth of bermuda each year. Additional spray areas need to be seeded with bermuda the spring of 2006 to be incompliance this waste plan. ------------------------------------------------------------- •------------------------------ --- ---- - - - --- -- 360935 Database Version 3.1 Date Printed: 01-06-2006 Narrative Page Page 1 of 1 The table shown below provides a summary of the crops or rotations included in this plan for each field. Realistic Yield estimates are also provided for each crop in the plan. In addition, the Leaching Index for each field is shown, where available. Planned Crops Summary Tract Field Total Acres Useable Acres Leaching Index (LI) Soil Series Crop Sequence RYE 7108 P-1 0.89 0.89 NIA Goldsboro Small Grain Overseed I.0'rons Hybrid Bermudagrass Hay *6.5 Tons 7108 P-2 6.27 6.27 NIA Goldsboro Small Grain Overseed 1.0 Tons Hybrid Bermudagrass Hay 6.5 Tons 7108 P-3 6.63 6.63 NIA Goldsboro Small Grain Overseed 1.0 Tons Hybrid Bermudagrass Hay 6.5 Tons 7108 P-4 5.82 5.82 NIA Goldsboro Small Grain Overseed 1.0 Tons Hybrid Bermudagmss Hay 6.5 Tons 7108 P-5 4.36 4.36 NIA IGoldsboro Small Grain Overseed 1.0 Tons Hybrid Bermudagrass Hay 6.5 Tons PLAN TOTALS: 23.97 23.97 LI Potential Leaching Technical Guidance Low potential to contribute to soluble None < 2 nutri ent leaching below the root zone. >— 2 & Moderate potential to contribute to soluble Nutrient Management (590) should be planned, <= 10 nutrient leaching below the root zone. High potential to contribute to soluble Nutrient Management (590) should be planned. Other conservation practices that improve the soils nutrient leaching below the root zone. available water holding capacity and improve nutrient use efficiency should be considered. > to Examples are Cover Crops (340) to scavenge nutrients, Sod -Based potations (328), Long -Term No -Till (778), and edge -of -field practices such as Filter Strips (393) and Riparian Forest Buffers (391). 360935 Database Version 3.1 Date Printed 116i2006 PCs Page Page 1 of 1 NOTE: Symbol * means user entered data. The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This plan provides an estimate of the number of acres of cropland needed to use the nutrients being produced. The plan requires consideration of the realistic yields of the crops to be grown, their nutrient requirements, and proper timing of applications to maximize nutrient uptake. This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied by manure or other by-products, commercial fertilizer and residual from previous crops. An estimate of the quantity of solid and liquid waste that will be applied on each field in order to supply the indicated quantity of nitrogen from each source is also included. A balance of the total manure produced and the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the manure generated by the operation. Waste Utilization Table Year l Tract Field Source ID Soil Series Total Acres Use. Acres Crop RYE Applic. Period Nitrogen PA Nutrient Req'd (lbs/A) Comm. Fert. Nutrient Applied (lbs/A) Res. (tbs/A) Applic. Method Manure PA NutticntA pplied (lbs/A) liquid ManurcA pplied (acre) Solid Manure Applied (acre) Liquid Manure I Applied (Field) Solid Manure Applied (Field) N N N N 1000 gal/A Tons 1000 gals tons 710$ P-1 S7 Goldsboro 0.89 0.89 Small Grain Overseed 1.0 Tons *10/15-3/3 *60 0 0 brig. 60 23.97 0.00 21.33 0.00 7109 P-1 S7 Goldsboro 0.89 0.89 Hybrid Bermudagrass Hay *6.5 Tan *4/1-10/15 296 0 0 Irrig. 296 118,24 0.00 105.23 0.00 7108 P-2 S7 Goldsboro 6.27 6.27 Small Grain Overseed 1.0 Tons *10/15-3/3 *60 0 0 brig. 60 23.97 0.00 150.27 0.00 7108 P-2 S7 Goldsboro 6.27 6.27 Hybrid Bermudagrass Hay 6.5 Tons *411-10115 296 0 0 brig. 296 118.24 0.00 741-331 0.00 7108 J P-3 S7 Goldsboro 6.63 6.63 Small Grain Overseed 1.0 Tons * 10/15-3/3 *60 0 0 brig. 60 21971 0.00 158.90 0.00 7108 P-3 S7 Goldsboro 6.63 6.63 Hybrid Bermudagrass Hay 6.5 Tons *4/1-10/15 296 0 0 brig. 296 118.24 0.00 783.90 0.00 7108 P-4 S7 Goldsboro 5.82 5.82 Small Grain Overseed 1.0 Tons *10/15-313 *60 0 0 Irrig. 60 23,97 0.00 139.49 0.00 7108 P-4 S7 Goldsboro 5.82 5.82 Hybrid Bermudagrass Hay 6.5 Tons *4/1-10/15 296 0 0 Irrig. 296 118.24 0,00 688.13 0,00 7108 P-5 S7 Goldsboro 4.36 4.36 Small Grain Overseed 1.0 Tons -10/15-3/3 *60 0 0 ]-rig. 601 23.97 0.00 104.49 0.00 7108 P-5 S7 Goldsboro 4.36 4.36 Hybrid Bermudagrass Hay 6.5 Tons *4/1-10/15 296 0 0 Irri8. 296 118,24 0.00 515.50 Total Applied 1000 gallons 3,408.56 Total Produced. 1000 gallons 3,403.94 Balance, 1000 gallons -4.62 Total Applied, tons 0.00 Total Produced, tons 0.00 Balance, tons 0.0 Notes: 1. In the tract column, - symbol means leased, otherwise, owned. 2. Symbol * means user entered data. 360935 Database Version 3.1 Date Printed: 1/6/2006 W r Page Page 1 of 1 The Irrigation Application Factors for each field in this plan are shown in the following table. Infiltration rate varies with soils. If applying waste nutrients through an irrigation system, you must apply at a rate that will not result in runoff. This table provides the maximum application rate per hour that may be applied to each field selected to receive wastewater. It also lists the maximum application amount that each field may receive in any one application event. Irrigation Application Factors Tract Field Soil Series Application Rate (inches/hour) Application Amount (inches) 7108 P-1 Goldsboro 0.50 1.0 7108 P-2 Goldsboro 0.50 1.0 7108 P-3 Goldsboro 0.50 1.0 7108 P-4 Goldsboro 0.50 1.0 7108 P-5 Goldsboro 0.50 1.0 360935 Database Version 3.1 Date Printed 1/6/2006 IAF Page Page I of 1 NOTE: Svmbol * R]P.nn z impr PntPrP(1 dAtn The following Lagoon Sludge Nitrogen Utilization table provides an estimate of the number of acres needed for sludge utilization for the indicated accumulation period. These estimates are based on average nitrogen concentrations for each source, the number of animals in the facility and the plant available nitrogen application rates shown in the second column. Lagoon sludge contains nutrients and organic matter remaining after treatment and application of the effluent. At clean out, this material must be utilized for crop production and applied at agronomic rates. In most cases, the priority nutrient is nitrogen but other nutrients including phosphorous, copper and zinc can also be limiting. Since nutrient levels are generally very high, application of sludge must be carefully applied. Sites must first be evaluated for their suitability for sludge application. Ideally, effluent spray fields should not be used for sludge application. If this is not possible, care should be taken not to load effluent application fields with high amounts of copper and zinc so that additional effluent cannot be applied. On sites vulnerable to surface water moving to streams and lakes, phosphorous is a concern. Soils containing very high phosphorous levels may also be a concern. Lagoon Sludge Nitrogen Utilization Table Crop Maximum PA-N Rate Ib/ac Maximum Sludge Application Rate 1000 gal/ac Minimum Acres 5 Years Accumulation Minimum Acres 10 Years Accumulation Minimum Acres 15 Years Accumulation Swine Feeder -Finish Lagoon Sludge - Standard Cam 120 bu 150 13.16 46.03 92.07 138.10 Hay 6 ton R.Y.E. 300 26.32 23.02 46.03 69.05 Soybean 40 bu 160 14.04 43.16 86.31 129.47 ---------------------------------------------------------------------- I-------------------------------------------------------------- ----- - ---------- ---- -----------.--- 360935 Database Version 3.1 Date Printed: 01-06-2006 Sludge Page Page I of The Available Waste Storage Capacity table provides an estimate of the number of days of storage capacity available at the end of each month of the plan. Available storage capacity is calculated as the design storage capacity in days minus the number of days of net storage volume accumulated, The start date is a value entered by the user and is defined as the date prior to applying nutrients to the first crop in the plan at which storage volume in the lagoon or holding pond is equal to zero. Available storage capacity should be greater than or equal to zero and less than or equal to the design storage capacity of the facility. if the available storage capacity is greater than the design storage capacity, this indicates that the plan calls for the application of nutrients that have not yet accumulated. If available storage capacity is negative, the estimated volume of accumulated waste exceeds the design storage volume of the structure. Either of these situations indicates that the planned application interval in the waste utilization plan is inconsistent with the structure's temporary storage capacity. Availahle Waste Storave C'anarity Source Name ISwine Feeder-Finisb Lagoon Liquid Design Storage Capacity (Days) Start Date 9/1 180 Plan Year Month Available Storage Capacity (Days) " 1 1 71 1 2 52 1 3 30 1 4 15 1 5 30 1 6 61 1 7 91 1 8 121 1 9 137 1 10 127 1 11 112 1 12 96 • Available Storage Capacity is calculated as of the end of each month. --------------------------------------------------------------------- ------------------------------- ------ ---------- 360935 Database Version 3.1 Date Printed: 01-06-2006 Capacity Page Page 1 of 1 Required Specifications For Animal Waste Management 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 that 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 the waste, he/she shall provide evidence 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 waste production facility to secure an update of the Nutrient Management Plan when there is a change in the operation, increase in the number of animals, method of application, receiving crop type, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications 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 eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (see USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). 5. Odors can be reduced by injecting the waste or by disking after waste application. Waste should not be applied when there is danger of drift from the land application field. 6. When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is 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 a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. -- ------ ----------------------------------- ---------------------------------------- ------ ------ — -------------- —--------- 360935 Database Version 3.1 , Date Printed: 1/6/2006 Specification Page 1 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the soil 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. 10. Nutrients from waste 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 canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer that 25 feet to perennial waters. 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 the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge 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. 16. - Domestic and industrial waste from washdown facilities, showers, toilets, -sinks, etc., shall not be discharged into the animal waste management system. -------------------------------------------------------------------------------------------------------------------------------------------------------------- 360935 Database Version 3.1 Date Printed: 1/6/2006 Specification Page 2 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. 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 pre -plant 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 nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. 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 and maintained for optimum crop production. Soil and waste analysis records sha❑ be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three 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. ------------------------------------------------------------------------------------------------------------------- ----------•------------ 360935 Database Version 3.1 Date Printed: 1/6/2006 Specification Page 3 Crop Notes The following crop note applies to field(s): P-1, P-2, P-3, P-4, P-5 Bermudagrass Coastal Plain, Mineral Soil, Poorly Drained to Somewhat Poorly Drained. Adaptation: Effective artificial drainage MUST be in place to achieve Realistic Yield Expectations provided for these soils. In the Coastal Plain, hybrid bermudagrass sprigs can be planted Mar. 1 to Mar. 31. Cover sprigs I" to 3" deep (1.5" optimal). Sprigs should be planted quickly after digging and not allowed to dry in sun and wind. For Coastal and Tifton 78 plant at Ieast 10 bu/ac in 3' rows, spaced 2' to 3' in the row. Generally a rate of 30 bu/ac is satisfactory to produce full groundcover in one or two years under good growing conditions. Tifton 44 spreads slowly, so use at least 40 bu/ac in 1.5' to 2' rows spaced P to 1.5' in row. For broadcast/disked-in sprigs use about 60 bu/ac. Soil test for the amounts of lime, phosphorus, potassium and micronutrients to apply preplant and for annual maintenance. Apply 60 to 100 lb/ac N in the establishment year in split applications in April and July. For established stands apply 180 to 240 lb/ac N annually in split applications, usually in April and following the first and second hay cuts. Reduce N rates by 25% for grazing. Refer to NCSU Technical Bulletin 305 Production and Utilization of Pastures and Forages in North Carolina for more information or consult your regional agronomist or extension agent for assistance. The following crop note applies to field(s): P-1, P-2, P-3, P-4, P-5 Small Grain: CP, Mineral Soil, low -leachable In the Coastal Plain, oats and barley should be planted from October 15-October 30; and rye from October 15-November 20. For barley, plant 22 seed/drill row foot and increase the seeding rate by 5% for each week seeding is delayed beyond the optimum time. See the seeding rates table for applicable seeding rate modifications in the current NCSU "Small Grain Production Guide". Also, increase the initial seeding rate by at least 10% when planting no -till. Oats should be planted at 2 bushels/acre and rye at 1-1 1/2 bushels/acre. Plant all these small grains at 1-1 1/2" deep. Adequate.depth control is essential. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Apply no more than 301bs/acre N at planting. Phosphorus and potash recommended by a soil test can also be applied at this time. The remaining N should be applied during the months of February -March. -----------------------------------------------•-------------------------------------------- - -- - g --g----------------- 759849 Database Version 3.1 Date Printed: 01-06-2006 Crop Note Page Page i of 1 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality July 1, 2007 Donald H Hall Ponderosa 4571 NC Hwy 133 Rocky Point, NC-28457 Subject. Certificate of Coverage No. AWS710072 Ponderosa Animal Waste Management System Pender County Dear Donald H Hall: In accordance with your application received on 4-Jan-07, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Donald H Hall, authorizing the operation of the subject animal waste management system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for the Ponderosa, located in Pender County, with an animal capacity of no greater than the following swine annual averages: Wean to Finish: 0 Feeder to Finish: 3672. Boar/Stud: 0 Wean to Feeder: 0 Farrow to Wean: 0 Gilts: 0 Farrow to Finish: 0 Farrow to Feeder: 0 If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until September 30, 2009 and replaces the NPDES COC issued to this facility with an expiration date of July 1, 2007. You are required to continue conducting annual surveys of sludge accumulation in all lagoons at your facility; the one-year extension in Condition Ill.19 does not apply. 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. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please carefully read this COC and the enclosed State General Permit. Enclosed for your convenience is a package containing the new and revised forms used for record keeping and reporting. Please pay careful attention to the record keeping and monitoring conditions -in this permit. Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwateraualitv.ore Location: 2728 Capital Boulevard An Equal Opportun4fABirmative Action Employer— 50% RecydedMO% Post Consumer Paper N�am`hCarolina JVutur AY Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 276M Fax 1: (919) 715-0588 Fax 2: (919)715-6048 Customer Service: (877) 623-6748 If your Waste Utilization Plan has been developed based on site -specific information, careful evaluation of future samples is necessary. Should your records show that the, current Waste Utilization Plan is inaccurate you will need to have a new Waste Utilization Plan developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per .15A NCAC 02T .0111(c) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100-foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Per 15A NCAC 02T .1306, any containment basin, such as a lagoon or waste storage structure, shall continue to be subject to the conditions and requirements of the facility's permit until closed to NRCS standards and the permit is rescinded by the Division. 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. If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division 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 permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. This facility is located in a county covered by our Wilmington Regional Office. The Regional Office Aquifer Protection staff may be reached at 910-395-3900. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at (919) 733 3221. Sincerely, for Coleen H. Sullins Enclosures (General Permit AWG100000, Record Keeping and Reporting Package) cc: (Certificate of Coverage only for all cc's) Pender County Health Department Pender County Soil and Water Conservation District Wilmington Regional Office, Aquifer Protection Section AFO Unit Central Files Permit File AW S710072 'a fm PLAN OFACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD I. TOTAL VOLUME TO BE NAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): I Ponderosa 71-72 2. Current liquid volume in structural freeboard a. current liquid level according to marker b. designed structural freeboard zone (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c112 x line d x 7.48 gallonslft3 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design g. volume of waste produced according to structural design h. current herd # 3672 certified herd # 3672 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h+i+j)x7.48x5daysllinef= 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k = 10.0 inches 19.0 inches 9.0 inches 1020360 ft2 5724220 gallons 1. 180 days 495720 ft3 495720 fts © ft3 73500 ft3 118271 gallons 5842491 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) 2/21100 II. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: Ponderosa 71-72 line I = 5842491 gallons 2. structure ID: line I = gallons 3. structure ID: line I = gallons 4. structure ID: line I = gallons 5. structure ID: line I = gallons 6. structure ID: line I = gallons n.lines 1+2+3+4+5+6= o. line n / 27154 = 5842491 gallons 215.16 acre -inches Ill. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOD'•2 'While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate for receiving crop according to its certified waste plan. 2Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are not considered available to receive waste. P. tract # q. field # r. soil type s. crop t. acres u. remaining IRR-2 PAN balance (lb/acre) v. maximum application rate (inlhr) w. maximum application amount (inches) 7108 P1 Wheat 0.89 11.2.1 0.5 1 P2 Wheat 6.27 112.1 0.5 1 P3 Wheat 6.63 112.1 0.5 1 P4 Wheat 5.82 112.1 0.5 1 x. total acres available during 5 day draw down (sum of column Q = 19.61 acres IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE PoA (5 Day) 2/21 /00 y. line o = 10.97 inches per acre to be applied within 5 days line x If unable to land apply hydraulic load listed in line y, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new hydraulic load based on new information. Pigs will be sold soon. Pump and haul may be needed. Plan to land apply hydraulic load: 1. Describe moisture conditions of fields? (e.g. Is there water standing in field; does irrigation equipment mar gown in rieia; -tratricaDmty'. across sous; wui soils Fields are wet and irrigation equipment can not be used. without runotr. etc. 2. Date and amount of last rainfall event? DATE: 1 11/22/06 AMOUNT: 6+ inches 3. Dates of last waste application event per field: i 1-6-06 4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the volume in une "n" at appropriate seaso yes, if soil conditions allow it next 5 days - include daily rates within D proposed application rates and amounts per irrigation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel speed, etc. to meet roposea changes in application rates ana amounts; ana any other intormation Tor conslaeration. Smaller rings and short application times will be used with faster travel speeds. Pump and haul may be used or Aeroway system used to land inject PoA (5 Day) 2/21100 �gV�� 11-29-06 NOV 3 0 Z006 To: Charles F. Stehman, Reference:NOV-2006-PC-0507 Hall Farm 1&2 71-31 (Pender County) # 1. Freeboard within the Structural Freeboard Due to heavy rainfall this fall (as shown on freeboard sheets), wet field conditions have limited land application by irrigation system. At Hall #2 the lift station was taking on surface water, which entered the lagoon. It has been noted now that the freeboard stake on Hall 92 is' not set correctly and it is 3" too low. Actions taken: All animals have been removed from the farm by Murphy Brown. POA's have been completed on both lagoons and waste plan amendments have been completed by Murphy Brown. Pump and haul operation has been on going by Triple S Farms on drier land that wheat will be planted on to lower the lagoon levels. When soil conditions permit, I have been using my application fields by appling with my irrigation system. The area around the lift station at Hall #2 has been filled in to divert surface water from entering the lagoon. Murphy Farms will be contacted again about resetting the freeboard stake on Hall#2. A new irrigation design has been completed for this farm by NC Division of Soil and Water and was staked off in November 2006. A new waste plan will completed showing new pull acreage by Pender SWCD. I am waiting for price quotes to come back, so I can start installation of the additional hydrants. I am looking into the possible purchase of a 10' Aerway land injection unit this week. I have been exploring some other crop options to land apply waste to on this farm. #2. Failure to Notify Called DWQ to report that I had less than 19" of freeboard but did not know that I had to report again when the freeboard reached 12" or less. Action taken: Since this has happened, I have been calling in freeboard levels on a regular basis. If this happens again and the lagoons levels get higher that 19". DWQ will notified soon as possible, when I noted the high freeboard If you have any questions or concerns about this letter, please call me at 910-675-3810. Thank you, /� r �Ouu Hall 1 Hall 2 2/14/2006 45,000 Tues 45,000 2/1512006 Wed 45,000 2/18/2006 45,000 Sat 2/20/2006 Mon 45,000 3/6/2006 Mon 45,000 3/16/2006 Thurs 45,000 3/20/2006 45,000 Mon 3/25/2006 Sat 45,000 3/30/2006 45,000 Thurs 411 /06 45,000 Sat 4/12/2006 Wed 45,000 4/17/2006 Mon 45,000 4/20/061 45,000 Thurs 4/25/06 45,000 Tues 5/3/2006 45,000 Wed 45,000 45,000 5/6/2006 45,000 Sat 5/10/2006 45,000 Wed 5/12/2006 45,000 Fri 45,000 45,000 5/24/2006 45,000 Wed 45,000 45,000 5/29/20061 45,000 Mon 6/11/20061 45,000 Thurs 6/3/2006 45,000 Sat 45,000 45,000 6/7/2006 45,000 Wed 45,000 45,000 6/9/2006 45,000 Fri 6/19/2006 45,000 Mon 6/21/2006 45,000 Wed 45,000 45,000 6/30/2006 45,000 Fri 45,000 45,000 7/1/2006 45,000 Sat 7/4/2006 45,000 Tues 45,000 45,000 7/8/2006 45,000 Sat 7/11/2006 45,000 Tues 7/14/2006 45,000 Fri 45,000 45,000 7/26/2006 45,000 Wed 7/28/2006 45,000 Fri 45,000 45,000 8/1/2006 45,000 Tues 8/5/2006 45,000 Sat 45,000 45,000 11/4/2006 45,000 Sat 45,000 11/6/2006 45,000 Mon 45,000 1,395,000 945,000 495,000 1,440,000, "IuI•p r-Brawn, - 2006 LZ Z. Daily RainfallMeekly Lagoon Level Record Farm: /'T July Freeboard SUN MON TUES WED THUR FRI SAT Structural Check August Freeboard SUN MON TUES WED THUR FRI SAT Structural Check 1 1 2 3 4 5 0 30 0 0 00 Jo 0- ? 2 �ooao 3 4 5 8 7 8 c�aF0d0o 6 7 8 9 10 a00�` 11 12 9 o00 10 11 12 oo 13 14 0 15 0�e 13 �� 14 15 U 16 17 a 18 0 19 . �i 1fi �00 17 I$ 19 20 21 22 a2? 20 21 22 23 06 24 25 o° 26 1,' 23 0000000c2-70 24 25 26 21 28 29 27 28 29 ooa 30 31 30 31 0 '1 September Freeboard SUN MON TUES WED THUR FRI SAT Structural Check October Freeboard SUN MON TUES W��E^/1D THUR FRI SAT structural Check 1 V 2 1,23 ' 0 2 0 3 a 4 /%% 5 0 6 0 7 0 16 3 00 4 5 ca- a 00 7 a Oo 9 l" $ I 0o 9 10 a 11 3 12 0 13 0 14 o I.3of 10 010 11 12 0 13 C) 14 U 15 0 16 G 02.1 15 00 15 17 0 1$ d 19 D 20 0 21 o 17 000 18 19 20 2 21 oo 22 23 o 1 / 22 I.o 23 o 24 o 25 oo 26 27 28 o 117 24 oo(aa 25 26 27 2$ 29 00 30 13 29 00-6 30 31 /l November Freeboard SUN MON TUES WED THUR FRI SAT Structural Check December Freeboard SUN MON TUES WED THUR FRI SAT slructura, 1 2 3 4 1 2 o o a �1 5 60�0 B 7 $ 9 itl 11 3 4 5 67 119 12 d 13 U 14 a 15 16 f 17 o 18 o 1n 11 12 13 14 15 18 19 004�10Go 20 21 22 23 24 25 11 18 19 211 21 22 23 26 27 - 28 29 30 24 25 26 27 28 29 30 31 a2n 2103 If daily rainfall totals 1 inch or greater, initial in box that lagoon integrity has been checked. 2006 AM Daily Rainfall/Weekly Lagoon Level Record Farm ' January Freeboard SUN MON TUES WED THUR FRI SAT Structural Check February Freeboard SUN MON TUES WED THUR FRI SAT structural Check 1 2 5 a 7 1 2 4 0o TO 0 DG'l 1 0 F a �c)0 9 10 11 12 00al 13 +1 5 6 000 7 a 9 P 10 o����, 11 t5 6 16 17 0 18 0 % l 20 c� 21 0 ���, 12 � 13 C) $4 15 16 0 17 18 �� 1 22 0 23 oD 24 25 a 26 a0 27 28 0/ � 19 ooac) 20 21 22 23 2/ oa 25 y 29 D 30 31 26 27 28 March Freeboard SUN MON TUES WED THUR FRI SAT Structural Check April Freeboard SUN MON TUES WED THUR FRI SAT Structumt Check 1 2 3 4 1 O a a O 2 D oZ% 5 6 0000000 7 a 9 10 11 G0 2 3 0 4 0 5 1 a U 7 oo�6 a 12 0 13 o 14 t5 0 16 0 17 18 9 0 10 0 11 D 12 (9 13 14 00 15 o2 7 +9 0Do� 20 21 22 23 z4 25 16 17 18 19 20 21 22 26 �O 27 28 Q 29 30 o 31 D a7 23 60 24 25 00 28 21 28 DD 29 .29 30 0 May Freeboard SUN MON TUES WED THUR FRI SAT Suucteral Check June Freeboard SUN, MON TUES WED THUR FRI SAT Structural. Check 1 2 3 4 5 fi 1 2 3 D o 0_- .D 0.36 o- o 0.. 3y-- 7 0000000 a B 10 11 12 13 Z300 4 5 8 7 8 9 �03Y 10 14 1s t6 o 17 f 18 o 19 20 0 11 12 13 D 14 o 15 76 �o 17 .3z 21 .10 22 23 24 000 25 26 27 3y 18 a0 19 20 ! 21 0 22 0 23 0031 24 28 0 29 0 30 o 31 n 1 1 �yj 25 d 26 0 27 a 28 o 29 001 30- 301 02/1 2103 If daily rainfall totals 1 inch or greater, initial in box that lagoon integrity has been checked. +U44 xoq u! Iei;Euf 1.1a;eaap Jo Noul L sle;o; lilt PA . LE OE 6Z 92 LZ ' 9 SZ YZ 8Z u IZ O / 0 OZ EZ ZZ iZ OZ el 91 LL sZ YZ £z !\ zz LL Q11 t9L 5i Y[ El Zl I 01 LL KI sl 8 D 2 i�l��ns 1Vs NJ HnHl ❑w s3n1 NOW Nns pl8f7gaaj-q aaquraaaa ,paVD feinpn1F5 1Vs 111-1 anuu O3M S3M pag an pleogaafj L s se 6z of ez !z n�6z LZ sZ tZ Ez ZZ EZ ZZ l 0z,bj B1 / /}9Z LI % .�j%ADZ V o Ott 009 as, orl ////� •VOZ 6l BL 91 Yt fl Cw Y[ El Zl lL Ol S 8 B 9 L 9 s 0 1 8 S Y f Z l Z N�aV� rs,�„nns 1Vs fuzi HnRi O3M Safi! NOW Nns paeogaa J lago;ap V� rs+m lns -LVS W-i NnH1 03M s3fu pjeogaai_q a3� 11�a t 0,0-r 0 le of az Lz 8, :az !z Xsz bl01.910 �6z sz sz sz ez zz fz oz zz Lz sz at at irr p n � 4 0-�-rrlD:0 jC �./ W 0 60 9L LL 9l sl YL El SL t[ U Z1 L1 -b, C 00.,0 00 0 0 0 Z4 Ll OL 6 8 L 9 L 9 s t oo S ► f Z 1 1 av� 1Vs fU-4 NnHl Oam 93ru NOW Nns 40 1Vs luzi H ploaaa Jana-1 UOOBB-1 APROA 101131ea AIM] nHl O3M S3f1i :uue} 900Z 2006 Daily RainfalINVeekly lagoon Level Record Farm: January Freeboard SUN MON TUES WED THUR FRI SAT Structural Check February — Freeboard SUN MON TUES WED THUR FRI SAT structural Check 1 2 3 4 5 fi 7 1 2 3 a s a 0 6)11 0.0 ! a_ IT g 9 10 11 j///1 V 12 0 13 14 0a0 5 8 7 a 9 J to 11 15 a 16 U 17 a 16 19 0C) 20 21 04q 12 000 13 14 15 o 16 a 17 18 0 C), 22 00 23 24 2$ al 25 27 0 28 1q0 19 20 21 000 22 23 24 cvelf 25 29 3a 31 - 26 0. 27 0 28 March Freeboard SUN MON TUES WED THUR FRI SAT Structural Che& April Freeboard SUN MON TUES WED THUR FRt SAT Structural Check 7 2 3 4 0.a 0 a0�1,0 23 5 0� 6 7 00©00a1 8 9 10 11 2 0a 3 4 C�0 5 6 7 U0 a 12 0 13 C) 14 (f)e0.aae:;,?y000ao00�y 15 16 17 16 9 10 11 12 13 14 15 19 20 a 21 22 d 23 24 25 o a3 16 17 a 16 C) 19 20 d 21 0 22 C2( ear 26 27 26 0 29 Coa 30 31 3 23 as 24 25 00 26 27 26 29. 39 May Freeboard SUN MON TUES WED THUR FRI SAT Structural Chock June Freeboard SUN MON TUES WED THUR FRI SAT Structural Check 2 -_ _ _ _ __ 1, _ _.. 4 .—_ _ 5 5 1 2 3 _ _ . _ 7 00 a 913 00 00 0 30 4 6� 5 a 6 0 7 a 8 0 9 0 10 0 14 00 15 16 Q� 11 15 �� 14 20 ��0�a/ i1 12 13 14 15 76 D0 17 a �r 21 Qa0000d300Q0je7?,0012 22 23 24 25 26 27 16 19 20 21 22 23 24 28 29 30 31 25 D0o000 2E 27 26 29 30 02/12103 3-------Y---- - - 4 dddd 3} .. a77 i�i��+�: y:y n.o yry ama Hwyy y�yqaq a�a"a�a5.�gq3 6 �[i��C��Ld[RSdd�d I et '11T J 'i'. I R Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract # 2896 Field#2 P3A Facility # 71-31 Routine Size (Acres) 8.00 Farm Owner Donald Hall Irrigation Operator Donald Hall Owner's Address 4671 NC Hwy 133 _ Irrigation Operator's Rocky Point, NC 28457 Address Owner's Phone Operator's Phone From Animal Waste Management Plan Crop Type Wheat Recommended PAN Loading (lblacre)=(B) 120 Nutrient Rnurra data Qtnrt Tuna Fnd Tlma Tntal Minutac Il of RnAnklars Flnw Rate Tntal Valumn Vnlumn Par Aern PAN (1 11000 Ball PAN Anniiad Nitranan Rai ILhlAal 1 11. 1/ II 11 11 � Irl . 11 Ir � 1 1 11. MNEMENNEW11 11 1/1 . 11 I1 � rl crop Gycie i otais 135,UUU Owner's Signature Cool� ), ` /t%v Operator's Signature Certified Operator Donald Hall Operator Certificaton # 33.10 Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract # 2886 Field#2 13313 Facility # 71-31 Routine Size (Acres) 8.00 Farm Owner Donald hall Irrigation Operator Donald Ball Owner's Address 4571 NC Hwy 133 _ Irrigation Operator's Rocky Point, NC 28457 Address Owner's Phone Operator's Phone From Animal Waste Management Plan Crop Type Wheat Recommended.PAN Loading (Iblacre)=(B) 120 Nutrient. Source Date Start Time End Time Total Minutes N of Enrinklers Flow Rate Total Volume Volume Per Aare PAN flbil coo oall PAN Annlled Nitrooen Bal &h/Aal 1 11 t;rop L;ycie i otals Owner's Signature V )9 /,40,4 135,UUU Operator's Signature Certified Operator Donald Hall Operator Certificaton # 33.75 Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract # 2896 Field#2 P3A Facility # 71-31 Routine Size (Acres) 8.00 Farm Owner Donald Hall irrigation Operator Donald Hall Owner's Address 4571 NC Hwy 133 Irrigation Operator's Rocky Point, NC 28457 Address Owner's Phone Operator's Phone From Animal Waste Management Plan Crop Type Corn Recommended PAN Loading (Iblacre)=(B) 156 Nutrient Antim" 172to CforF Tlrna Fnr1 T6no Tnlal Nlknttan it nt Cnrinlrlora Flrkw 17aha Tntal Vnlnma Vnhimw Per Ar.rA PAN M11OtlA Hall PAN AHnlled Nltrenen Pal ll-h/Aal H 1 5/3/2006 7.00 12.00 300.00 1 150 45,000 5 625.00 2.4 13.50 142.50 5/12/2006 7.00 12.00 300.00 1 150 45,000 5 625.00 2.40 13.50 129.00 5/24/2006 7.00 12.00 300.00 1 150 45,000 562500 2.40 13.50 115.50 6/3/2006 7.00 12.00 300.00 1 150 45,000 5,625.00 2.40 13.50 102.00 6/7/2006 7.00 12.00 300.00 1 150 45,000 5,625.00 2.40 13.50 88.50 6121 /2006 - 7.00 12.00 300.00 1 150 45,000 5.625.00 2.40 13.50 75.00 6/30/2006 7.00 12.00 300.00 1 150 45,000 5,625.00 2.40 13.50 61.50 7/4/2006 7.00 12.00 300.00 1 150 45,000 51625.00 2.40 13.50 48.00 7/14/2006 7.00 12.00 300.00 1 150 45,000, 5 625.00 2.40 13.50 34.50 7/28/2006 7.00 12.00 300.00 1 150 45,000 5 625.00 2.40 13.50 21.00 8/5/2006 7.00 12.00 300.00 1 150 45,000 5 625.00 2.40 13.50 7.50 0.00 - - 0.00 - - Crop Cycle I owls 4VO,UUU Owner's Signature Sv.qv / Operator's Signature Certified Operator Donald Hail Operator Certificaton # 146. u Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract # 2896 Field#2 P3A Routine Size (Acres) 8.00 Farm Owner Donald Hall Owner's Address 4571 NC Hwy 133 Rocky Point, NC 28457 Owner's Phone Crop Type Corn Facility # 71-31 Irrigation Operator Donald Half Irrigation Operator's Address Operator's Phone From Animal Waste Management Plan Recommended PAN Loading (Iblacre)=(B) 156 Nutrient Anurcw nata Start Tlma End Timm Total Mlnutas A of Rnrinklem Flew Rafe Total Vnlump Vnluma Per Acre PAN flhlldd(l Gall PAN Annnad Nibnoon Rai /LhlAnl H2 5/3/2006 7.00 12.00 300.00 1 150 45,000 5,625.00 2.3 12.94 143.06 5/12/2006 7.00 1 Z 00 300.00 1 150 45,000 5,625.00 2.30 12.94 130.12 5/24/2006 7.00 12.00 300.00 1 150 45,000 5625.00 2.30 12.94 117.18 6/3/2006 7.00 12.00 300.00 1 150 45,000 5,625,00 2.30 12.94 104.24 6/7/2006 7.00 12.00 300.00 1 150 45,000 5,625,00 2.40 12.94 91.30 6/21 /2006 7:00 12.00 300.00 1 150 45,000 5625.00 2.40 12.94 78.36 6/30/2006 7.00 12.00 300.00 1 150 45,000 5,625.00 2.40 12.94 65.42 7/4/2006 7.00 12.00 300.00 1 150 45,000 5625.00 2.40 12.94 52.48 7/14/2006 7.00 12.00 300.00 1 150 45,000 5,625,00 2.40 12.94 39.54 7/28/2006 7.00 12.00 300.00 1 150 45,000 5,625.00 2.40 12.941 26.60 8/5/2006 7.00 12.00 300.00 1 150 45,000 51625.00 2.40 12.94 13.66 0.00 - - 0.00 - - crop cycle I orals 495,ou0 Owner's Signature /'1 / w" Operator's Signature Certified Operator Donald Hall Operator Certificaton # 142.34 Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract # . 2896 Field#1 P8 Facility # 71-31 Routine Size (Acres) 14.00 Farm Owner Donald Hall Irrigation Operator Donald Hall Owner's Address 4571 NC Hwy 133 Irrigation Operator's Rocky_ Point, NC 28457 Address Owner's Phone Operator's Phone From Animal Waste Management Plan Crop Type Com Recommended PAN Loading (Il lacre)=(B) Ism Nutrient SLn..rr_a r►sM Q4n.+1r1ma Pnd rlma TMAI MlnuMe N of RnAnldare Flnw RAM TM391 Velsunn Volume Pnr Anra PAN nhllnnn Ball PAN Annlied Nl6nnan Bal [Lh/Acl H2 5/3/2006 7.00 12.00 300.00 1 150 45,000 3,214.29 2.3 7.39 148.61 5/12/2006 7.00 12.00 300.00 1 150 45 000 31214.29 2.30 7.39 141.21 5/24/2006 7.00 12.00 300.00 1 150 45,000, 3,214.29 2.30 7.39 133.82 6/3/2006 7.00 12.00 300.00 1 150 45,000 31214.29 2.30 7.39 126.43 6/7/2006 7.00 12.00 300.00 1 150 45,000 3,214.29 2.30 7.39 119.04 6/21/20061 7.00 12.00 300.00 1 150 45,000 3,214.29 2.30 7.39 111.64 6/30/2006 7.00 12.00 300.00 1 150 45,000 31214.29 2.30 7.39 104.25 7/4/2006 7.00 12.00 300.00 1 150 45,000 3214.29 2.30 7.39 96.86 7/14/2006 7.00 12.00 300.00 1 150 45,000 3,21429 2.30 7.39 89.46 7/28/2006 7.00 12.00 300.00 1 150 45,000 3 214.29 2.30 7.39 82.07 8/5/2006 7.00 12.00 300.00 1 150 45,000 3,214.29 2.30 7.39 74.68 0.00 - - 0.00 - - Crop Cycle Totals 495,000 Owner's Signature >� /° "" Operator's Signature Certified Operator Donald Hail Operator Certficaton # ' lw-et Lagoon Liquid irrigation Field Record One Form for Each Field Per Crop Cycle Tract # 2896 Field#1 P8 Facility # 71-31 Routine Size (Acres) 14.00 Farm Owner Donald hall Irrigation Operator Donald Hall Owner's Address 4571 NC Hwy 133 Irrigation Operator's Rocky Poin NC 28467 Address Owner's Phone Operator's Phone From Animal Waste Management Plan Crop Type Wheat Recommended PAN Loading (Iblacre)=(B) 120 Nutrient Seurae mat& Start Tim& Fnd Tim& Total Mlnutps A of Anrinld&ra Flew Rat& Total Volume Volume Per Aare PAN Ah11000 Gall PAN Aaalied Nltraaen Rai ILh1Acl crop cycle Iowls 135,UUU Owner's Signature l Operator's Signature Certified Operator Donald Hall Operator Certificaton 0 23.13 Lagoon Liquid irrigation Field Record One Form for Each Field Per Crop Cycle Tract # 2896 F1eld#1 P8 Routine Size (Acres) 14.00 Farm Owner Donald Hail Owner's Address 4571 NC Hwy 133 Rocky Point, NC 28457 _ Owner's Phone Crop Type Wheat Facility # 71-31 Irrigation Operator Donald Hall Irrigation Operator's Address Operator's Phone From Animal Waste Management Plan Recommended PAN Loading (iblacre)=(B) 120 Nutrient Snurea nata Start Tim& Fnd Tlma Total Minutan S or Snrinklarn Flow Ratte Total Volume Volume Per Acre PAN flb11000 call PAN Aenlled Nltranan gal lLblAcf ' 11. 11 /1 11 11 `1 111 ® •�� � crop cycie Totals 90,00v Owner's Signature 11 �� Operator's Signature r Certified Operator Donald Hall Operator Certificaton # 6.42 Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract# 2928 Field#1&2 Facility# Routine Size (Acres) 11.50 Farm Owner Donald hall Owner's Address 4571 NC Hwy 133 Rocky Point, NC 28457 Owner's Phone 71-31 Irrigation Operator Irrigation Operator's Address Operator's Phone Donald Hall From Animal Waste Management Plan Crop Type Wheat Recommended PAN Loading (Iblacre)=(B) 120 Nutrient Anurea nnta Rtart Tima Fnd Tlma Tntni Minutes !1 of Rnrinklars Flnw Rate Tntal Volume Voluma Per Acre PAN !ibl4000 nail PAN Anotied Nitrogen Bal ILb1Acl crop cycle Totals 90,000 Owner's Signature 1 J Operator's Signature Certified Operator Donald Hail Operator Certificaton # fiNxY7 Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract # 292�r Field#1&2 Facility # 71-31 Routine Size (Acres) _ 11.50 Farm Owner Donald Hall Owner's Address 4571 NC Hwy 133 Rocky Point, NC 28457 Owner's Phone Irrigation Operator Irrigation Operator's Address Operator's Phone Donald Hall From Animal Waste Management Plan Crop Type Wheat Recommended PAN Loading (Iblacre)W(B) 120 Nutrient Anurce natp Mart Time Fnd Tlmp Tntal Mlnutps A of Snrinklprs Flew Rabe Tntal Volume Vniurna Per Acre PAN /<b17000 nail PAN Analled Nihwaen Rai 11-6lAc1 1 11 Crop Cycle Totals 90,000 Owner's Signature 2) ` &J�, Operator's Signature Certified Operator Donald Hall Operator Certificaton # Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract # 2928 Field # 1&2 Facility # 71-31 Routine Size (Acres) Farm Owner Donald Hall Irrigation Operator Owner's Address 4571 NCH 133 Irrigation Operator's Rocky Point, NC 28457 Address Owner's Phone Operator's Phone From Animal Waste Management Plan Crop Tv— Wheat Recommended PAN Donald Hall Loading (lb/acre)=(B) 120 Nutrient Source Date Start Tlme End Time Total Mlnutas # of Sprinklers Flow Rate Total Volume Volume Per Acre PAN M/1000 aall PAN Aoailed Nllsoaen Bal lLhlAcl ® tt. /1 tt Ir t1 � rIt 1• � t . 1 11. it 11 tr 11 � /11 1• •1 � t I tr crop cycie royals 15v,oaa Owner's Signature r ( Operator's Signature Certified Operator Donald Hall Operator Certificaton # Kr�7� Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract # 2928 Field # 1 &2 Facility # 71-31 Routine Size (Acres) 11.50 Farm Owner Donald Hall Irrigation Operator Donald Hall Owner's Address 4571 NC Hwy 133 Irrigation Operator's Rocky Point, NC 28457 Address Owner's Phone Operator's Phone From Animal Waste Management Plan Crop Type Coastal Bermuda Recommended PAN Loading (Iblacre)=(B) 325 Nutrient Source Date Start Time End Time Total Minutes # of Sorinkle►s Flow Rate Total Volume Volume Per Aare PAN fibl1000 nail PAN Aoolied Nltroaen Sal fl-blAcl H 1 5/6/2006 7.00 12.00 300.00 1 150 45,000 3913.04 2.4 9.39 315.61 5/10/2006 7.00 12.00 300.00 1 150 45,000 3, 913.04 2.40 9.39 306.22 6/29/2006 7.00 12.00 300.00 1 150 45,000 3,913.04 2.40 9.39 296.83 6/1/2006 7.00 12.00 300.00 1 150 45,000 31913.04 2.40 9.39 287.43 619/20061 7.00 12.00 300.00 1 150 45,000 3,913.04 2.40 9.39 278.04 6/19/2006 7.00 12.00 300.00 1 150 45,000 3213.04 2.40 9.39 268.65 7/1/2006 7.00 12.00 300.00 1 150 45,000 391304 2.40 9.39 259.26 7/8/2006 7.00 12.00 300.00 1 150 45,000 3 913.04 2.40 9.39 249.87 7/11/2006 7.00 12.00 300.00 1 150 45,000 3,913.04 2.40 9.39 240.48 7/26/2006 7.00 12.00 300.00 1 150 45,000 391304 2.40 9.39 231.09 8/1/2006 7.00 12.00 300.00 1 150 45,000 3 913.04 2.40 9.39 221.70 0.00 - - 0.00 - - t;rop 4ycle I owes 4vo,uuu Owner's Signature Sol� � Operator's Signature Certified Operator Donald Hall _ Operator Certificaton # 103.29 11-29-06 To: Charles F. Stehman, Reference:NOV-2006-DV-0066 Ponderosa 71-72 (Pender County) #1. Freeboard within the 25 year 24 hour Storm Event Due to heavy rainfall the past weeks (as shown on freeboard sheets), wet field conditions have limited land application by irrigation system. Heavy rainfall was occurring when John Farnell made the visit to the farm on November 7. Action taken: POA's have been completed. All animals will be removed when they ready for the market and the houses will not be restocked until 24" of freeboard is achived. When soil conditions permit, I have been using my application fields. A new irrigation design has been completed for this farm by the NC Division of Soil and Water and was staked off in November 2006. I am waiting for price quotes to come back, so I can start installation of the additional hydrants. #2&#3. Ponded Waste and Runoff / Discharging into Waters of the State Spray fields had been applied to on November 6. Heavy rainfall (3"+) occured after land application, which caused applied waste to travel from application areas. Action taken: Until soil conditions improve, no land application of waste to these fields. #4. Failure to Notify the State Did not know that the applied waste had travel from the application areas to off farm site areas. Heavy rains caused this to happened. Informed of this by John Farrell when he was doing the farm visit on November 7. Action taken: When any future ponding or discharge dose occur on this farm. DWQ will be informed as soon as I have noted that these situation has happened on this farm. If you have any questions or concerns about this letter, please call me at 910-675-3810. Thank you Al-urphrBrown L. 2006- /Z, Farm: �"� 'A 05 /1 Daily RalnfaliMeekly Lagoon Level Record July Freeboard Swaftffes August Freeboard Slruc11+r9! Chad SUN TUE WED TH R FR SATE N MO N E WED !i 7H FRI SAT 1 2 1 2 3 a 5 5 oo 0 0 00�3� 3 5 o e 7 D 8 9 3) 7 0 e 0 9 0. IQ 0 11 YO C) 12 100 13 �0 10 C�oC�o'��G33� ti 12 13 to y 1s ,e a 1s ,e a 1e 19 20 17 010o 1a 10 20 o- 21 0 Z2 23 3.200 21 22 is 25 26 0 2T 3t� o 2S� '� c 2T d o 29 30 '° 3 31 o September Freeboard SMOMW 040 October Freeboard su d" Chook SUN MON TUE WED THUR FRI SAT SUN MON TUE WED THUR FRI SAT a 0 .3 a C� s 0 e 0 r D e 3 s m a 3 a 7 3 0 11 o 12 0 13 U is C t6 03groC�oo ,7 1Q Ti- 12 13 14 15 1e 0 t9 o 20 � 24 0 22 G z3 0 a ,s 17 1a3 . 190 20� 1 � 2z p g 25 2e 0 z7 0 2e 29 0. 30 0 a o 2� e 30 0 31 0 November Freeboani swdall i Dh� December Freeboard si,urr�at Dh°d SUN ON WED TH�/}UR FRI SAT SUN MON TUE WE R FR SAT (/T/i/1�%�E // G t/ q,0 a 9 0 to 0 11 12 a 5 6 7 e 9 1Q e I 131 14 15 1fi J{i (( t7 to 10�•`J 11 12 13 14 15 t8 17 20 C�� � 1 � 22 �O 23 � ?� 0 Z5 a 28 1e i9 20 21 22 23 7a - 7 ,_ 20 20 30 26 27 20 29 30 31 Record rainfall daily. If daily rainfall totals 'I inch or greater, initial In box that lagoon integrity has been checked. If precipitation is snow, note as S on date. Retention Period: 3 years Page 2 of 2 / Revised: 10MI104 2006 Farm• pQA-40� 51'C14 Daily RainfallNVeekly Lagoon Level Record January Freeboard SUN MON TUES WED THUR FRI SAT Structural Check February Freeboard SUN MON TUES WED THUR FRI SAT StrucUral Check 1 2 a 4 5 6 7 1 2 3 4 00C)Oo00�20 1 /-CAI o IT a oao 9 10 11 e t2 o0 13 14 5 0000 B 7 B 9 00D.21 10 11 15 0 16 0 17 / 18 0 19 0 Z11 60 21 19n7 12 0 13 D 14 0 15 0 16 l 17 a 16 o c 22 �000 23 24 25 26 00 27 2a 1 19 aooDo0 20 21 22 23 24 25 Day 29 o 30 0 31 0 c I 26 o 27 D 28 D a2q March Freeboard SUN MON TUES WED THUR FRI SAT Structural: Check April Freeboard SUN MON TUES WED THUR FRI SAT Structural Check 1 2 3 4 1 � 0 0 o?-7 5 0 6 0 7 8011010 0 11 0 1,2Z 2 0 3 () 4 . 0 5 6 7 8 12 D 13 D 14 0 15 o fa 000 17 18 21?0 9 10 11 00000C22 12 13 14 15 19 0 20 0.0 21 22 0 23 24 o 25 0 o27� 1e D 17 0 18 2 10 00 26 21 0 22 0 Zot 26 o 27 26 29 30 31 0 c27aC)10c) 23 24 25 26 27 28 29 0.P2 70 May Freeboard SUN MON TUES WED THUR FRI SAT Structural Check June Freeboard SUN MON TUES WED THUR FRI SAT Structural Check 1 2 3 5 fi 1 I 3 _- _.o -0 014- o- o a 7- _ _ _ _ D 0 0_ _3__ 7 000 a 9 10- 11 000 12 13 3ao��DOo�7u 4 5 s 7 B 9 10 11 aodlD�o��0lolya0�� 1S 1fi 17 18 19 20 Py 11 l2 13 14 15 16 17 PIZ 21 000000032000 22 23 24 25 ZB 27 to 7B ZD 21 � 22 0 23 21 0 28 001010 29 30 31 .? y 25 Ij 26 1 o 27 0 28 0 20 00 70 3�'- 02112/03 If daily rainfall totals 1 inch or greater, initial in box that lagoon integrity has been"checked. Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract # Field # 2 Facility # 71-72 Routine Size (Acres) e.20 Farm Owner Donald Hall _ _ _ Irrigation Operator Owner's Address 4571 NC HM 133 Irrigation Operator's _Rocky Point, NC 28457. Address Owner's Phone - Operator's Phone From Animal Waste Management Plan Crop Type Wheat Recommended PAN Donald Hall Loading (lb/acre)=(B) 80 Nutrient Source Date Sta►t Time End Time Total Minutes t! of Sorinklars Flnw Rate Total VolumA Volume Par Acra PAN 11h/1000 nan PAN Aoniled Nibiwan aal fl-h(Ae1 1 11. 11 1! it II 111 /._ crop Cycle Totals 135,000 3 3• its 0 Owner's Signature ` Operator's Signature Certified Operator Donald Hall Operator Certificaton # Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract # Field # 2 Facility # 71-72 Routine Size (Acres) 6.20 Farm Owner .Donald Hall _ � Irrigation Operator Owner's Address 4571 NC Hn 133 . Irrigation Operator's Rock)/ Point, NC 28457 Address Owner's Phone r Operator's Phone From Animal Waste Management Plan Crop Type Wheat Recommended PAN Donald Hall Loading (1Wacre)=(8) 60 Nutrient Source gate Start Tlme End Tien Tnfa1 Mlnntps f! of 4nrinklarc C1nw Rate Tntal Vnluma Vnluma Dar Arra PAN nhlinnn nail PAN Annflad Nltrnnan Ra! 11 hlnnl crop Cycle Totals so,00u Owner's Signature ),) / Operator's Signature Certified Operator Donald Hail Operator Certificaton 0 114.04 Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract # Field # 2 Facility # 71-72 Routine Size (Acres) 6.20 Farm Owner Donald Hall Irrigation Operator Donald Hall Owner's Address 4571 NC H21 133 Irrigation Operator's Rocky Point NC 28457 Address Owner's Phone Operator's Phone From Animal Waste Management Plan Crop Type Coastal Bermuda Recommended PAN Loading (Ib/acre)=(B) 296 Nutrient Source Date Start Tire End Time Total Minutes it of SnAnklars Flnw Rats Tntal Vnlumn Vniuma Par Acre PAN IIhMAl1A nail PAN Anelled Ni4rnnan Bal iLh1Ae1 5/6/2006 7.00 12.00 300.00 1 150 45,000 7,258.06 2.4 17.42 278.58 5/10/2006 7.00 12.00 300.00 1 150 45 000 7 258.06 2.40 17.42 261.16 5/18/2006 7.00 12.00 300.00 1 150 45,000 725806 2.40 17.42 243.74 5/26/2006 7.00 12.00 300.00 1 150 45,000 7,258.06 2.40 17.42 226.32 6/1/2006 7.00 12.00 300.00 1 150 45,000 7,258.06 2.40 17.42 208.90 6/6/2006 7.00 12.00 300.00 1 150 45,000 725806 2.40 17.42 191.48 6/28/2006 7.00 12.00 300.00 1 150 45,000, 7 258.06 2.40 17.42 174.06 7/14/2006 7.00 12.00 300.00 1 150 45.000 7,258.06 2.40 17.42 156.65 7/26/2006 7.00 12.00 300.00 1 150 45,000 7,258,06 2.40 17.42 139.23 7/30/2006 7.00 12.00 300.00 1 150 45,000 7.258.06 2.40 17.42 121.81 8/2/2006 7.00 12.00 300.00 1 150 45 000 7,258.06 2.40 17.42 104.39 8/11/2006 7.00 12.00 300.00 1 150 45 000 7 258.06 2.40 17.42 86.97 8/30/2006 7.00 12.00 300.00 1 150 45,000 7 258.06 2.40 17.42 69.55 902006 7.00 12.00 300.00 1 150 45,000 7.258.06 2.40 17.42 52.13 9/14/2006 7.00 12.00 300.00 1 1501 45,000 7,258.06 2.40 17.42 34.71 9/21/2006 7.00 12.00 300.00 1 150 45,000 7,258.06 2.40 17.42 17.29 10/6/2006 7,00 11.00 240.00 1 150 36,000 5,806.45 2,40 13.94 3.35 0.00 - - 0.00 - - Crop Cycle Totals 75tf,UUU ;&bV.bb Owner's Signature 1) rator's Signature Certified Operator Donald Hail Operator Certificaton # Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract # Field # 1 Routine Size (Acres) 7.20 Farm Owner Donald Hall Owner's Address 4571 NC Hwy 133 Rocky Point NC 28457 Owner's Phone Facility # 71-72 Irrigation Operator Donald Hall Irrigation Operator's Address Operator's Phone From Animal Waste Management Plan Crop Type Coastal Bermuda Recommended PAN Loading (lb/acre)=(B) 296 Nutrient Solace Gate Start Tlme End Time Total Minutes # of Sprinklers Flaw Rabe Total Valuma Volume Per Acre PAN 11b19 dno Ball PAN Annliad Nitrouan Hal 1Lb1Aal 5/6/2006 7.00 12.00 300.00 1 150 45,000 6,250,00 2.4 15.00 281.00 5/10/2006 7.00 12.00 300.00 1 150 45,000 6 250.00 2.40 15.00 266.00 5/18/2006 7.00 12.00 300.00 1 150 46,000 6 250.00 2.40 15.00 261.00 5/26/2006 7.00 12.00 300.00 1 150 45,000 6,250.00 2.40 15.00 236.00 6/1/2006 7.00 12.00 300.00 1 150 45,000 6,250.00 2.40 15.00 221.00 6/6/2006 7.00 12.00 300.00 1 150 45 000 6,250.00 2.40 15.00 206.00 6/28/2006 7.00 12.00 300.00 1 150 45 000 6,250.00 2.40 15.00 191.00 7/14/2006 7.00 12.00 300.00 1 150 45,000 6 250.00 2.40 15.00 176.00 7/26/2006 7.00 12.00 300.00 1 150 45,000 fi 250.00 2.40 15.00 161.00 7/30//2006 7.00 12.00 300.00 1 150 45,000 6,250.00 2.40 15.00 146.00 8/2/2006 7.00 12.00 300.00 1 150 45,000 6,250,00 2.40 15.00 131.00 8/1112006 7A0 12.00 300.00 1 150 45 000 6,250.00 2.40 15.00 116.00 8/30/2006 7.00 12.00 300.00 1 150 45,000 6,250.00 2.40 15.00 101.00 9/2/2006 7.00 12.00 300.00 1 150 45,000, 6,250.00 2.40 15.00 86.00 9/14/2006 7.00 12.00 300.00 1 150 45,000 6,250.00 2.40 15.00 71.00 9/21 /2006 7.00 12.00 300.00 1 150 45,000 6,250.00 2.40- 15.00 17.29 10/6/2006 7.00 11.00 240.00 1 150 36,000 5,000,001 2.40 12.00 3.35 0.00 - - 0.00 - - Crop Cycle Totals 756,000 Owner's Signature � / � ` c Operator's Signature w Certified Operator Donald Hail Operator Certificaton # 292.6ri Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract # Field # 1 Facility # 71-72 Routine Size (Acres) 7.20 Farm Owner Donald Hall Irrigation Operator Donald Hall Owner's Address 4571 NC HMy 133 _ Irrigation Operator's Rocky Point, NC 28457 Address Owner's Phone - - Operator's Phone From Animal Waste Management Plan Crop Type Wheat Recommended PAN Loading (lblacre)=(B) 60 Nutrient Source Date Start Tima End Tima Tntal Minufaa ft of Cnrinirlara Flnur Dal& T-tnl llnluma, l/nlran.a Dar Arrro DAM 11h14Aflfl nail DAN Annflad ftlilrnn&n Rai f1 h1Ar_1 Crop cycle Totals 90,000 Owner's Signature 064-At lhiA Operator's Signature Certified Operator Donald Hall Operator Certificaton # ju.UU Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract # Field # 1 Facility # 71-72 Routine Size (Acres) 7.20 Farm Owner Donald Hail Irrigation Operator Donald Hall Owner's Address 4571 NC HMy 133 Irrigation Operator's Rocky Point, NC 28457 Address Owner's Phone Operator's Phone From Animal Waste Management Plan Crop Type Wheat Recommended PAN Loading (IWacre)=(B) 60 Nutrient Source Date Start Time End Time Total Minwas 8 of Rnrinklars Flnw Rah► 'Yn+al Vnhima Vetinma par Aera DAN /1hl,IIM nail DAN Annllad Nlhv%mpn Ral 11 h1Ae1 Crop Cycle Totals 135,000 Owner's Signature Operator's Signature Certified Operator Donald Hail Operator Certificaton # 28,15 STATE OF NORTH CAROLINA Ponderosa Farm 71- i �.eemer oe ervu=ti M=M am Iffm , ®gym �■ V M..m •AM Irrigation Design Ponder County, XC .. r�oAaxcrm r -r-r- ,---- r- r- r- r-r-r-r-rJ LUV Lagoon F�0.��LF-sue sa-o Scale: 1" = 200' 0 200 400 Pipe Specifications 200 cleea PVC pipe hill be used and buriad 24 Inehee deep. The supply line frill be 6 inch pipe. An air rehc7/raounrs -I- will be installed at thr end of the supply fine. Thrust blocks arc required of ell hydrants, deed ends end elbows/Lees. Al.rk ]...lion Aloek Anse dead End 3.74 sq It 45 Tee 2.04 aq It hydrants 2.64 sq It Ara. Length (ac) (it) Pull 1 0.671 182 Existing Pull 2 6,27 616 Extating Pull 3 8.63 833.5 ExLating Pull 4 5.62 288.E Existing Pull 4.36 643.E No. Legend P- Field adge -P/Ir Po-r Line E.isting Hydrant 0 Prapused Hydrant -6-Q1 Existing e" PVC Proposed 6" Pvr C, Tre-k, inns -- Cl— lnad to Lie. Ponderosa Farm 71-72 Irrigation Design Pander County. NC E .. r sos en.r rsom.Y s n-rs rate f�ev mum Ve ®,x �• 4 smr sat v i 1eWrR e.s s Animal Notice of Violation List Farm Number Farm Name Owner Renion County Letter Date Sub ect Integrator Noted Problems 71 72 Ponderosa Hall WIRO Ponder Aug 6, 1996 Management Deficiency Murphy Family Farms Response to complain; Notification Inspection found adegi inadequate cover crop 71 72 Ponderosa Hall WIRO Ponder Mar 23, 1999 Notice of Deficiency Murphy Family Farms 3/11/99 inspection No records available ei WUP states farm is be! Need to revise WUP Repair eroded areas or vegetation. Remove w been a problem since 1 71 72 Ponderosa Hall WIRO Ponder Apr 6, 2000 NOV / Notice of Murphy Family Farms 2/17100 inspection Recommendation for Insufficient freeboard Enforcement No report 71 72 Ponderosa Hall WIRO Ponder Aug 13, 2003 Rescission of Notice of Murphy Family Farms Self -reported high free! Violation/issuance of Notice of Deficiency 71 72 Ponderosa Hall WIRO Ponder Feb 4, 2005 Notice of Violation Murphy Family Farms Failure to secure wetta Inadequate freeboard. Failure to notify of higt Failure to obtain waste a Animal Notice of Violation List Farm Number Farm Name Owner Region Count v Letter Date Su. _biect integrator Noted Problems 71 31 Hall Farm 1 & 2 Hall WIRO Pender Mar 31, 1997 Notice of Deficiency Murphy Family Farms Plugged pipe caused s which flowed into store 71 31 Hall Farm 1 & 2 Hall WIRO Pender Mar 23, 1999 Notice of Deficiency Murphy Family Farms 3/11199 inspection No records available e) Need current soil and v Need to revise waste p match plan Irrigation records not c 71 31 Hall Farm 1 & 2 Hall WIRO Pender Apr 6, 2000 NOV 1 Notice of Murphy Family Farms 2/17100 inspection Recommendation for Insufficient freeboard Enforcement No report 71 31 Hall Farm 1 & 2 Hall WIRO Pender Mar 14, 2001 Notice of Violation Murphy Family Farms 12/15/00 inspection Waste leaking from coi Evidence of waste leak lagoon 1 Waste puddled at hog I Waste ponded in field I Revise CAWMP for cur Use waste analysis for average 71 31 Hall Farm 1 & 2 Hall WIRO Pender Apr 15, 2003 Notice of Violation - Murphy Family Farms Self -reported high free) Request for Information NOV Stands letter sent 71 31 Hall Farm 1 & 2 Hall WIRO Pender Feb 4, 2005 Notice of Violation Murphy Family Farms Failure to secure wetta Inadequate freeboard. Failure to report freebc Failure to obtain waste Sludge POA needed. f I [envirochem Environmental Chemists, Inc. 6602 Windmill Way • Wilmington, NC 28405 (910) 392-0223 (Lab) • (910) 392-4424 (Fax) 710 Bowsertown Road • Manteo, NC 27954 (252)473-5702 ANALYTICAL & CONSULTING CHEMISTS NCDENR: DWQ CERTIFICATE #94. DLS CERTIFICATE #37729 Customer: NCDENR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Chester Cobb Date Sampled: Sampled By: W ATRR- REPORT OF ANALYSIS 11 /07/06 Chester Cobb / John Farrell Date of Report: November 30, 2006 Purchase Order #: Report Number: 6-9439 Report To: Chester Cobb Sample DSl DS2 DS3 FP2 FP US1 PARAMETER 1D Date Analyzed Lab W 021650 # 21651 # 21652 # 21653 # 21654 # 21655 Ammonia Nitrogen, 21.5 19.7 4.8 64.9 27.7 3.36 11/13/06 NH3-N mg/L Nitrate + Nitrite Nitrogen, 14.9 2.95 4.16 10.6 27.9 < 0.02 11/13/06 NO3 + NOz -N + mg/L Total Kjeldahl Nitrogen, 43.5 20.2 6.4 93.9 47.0 4.6 11/13/06 TKN mg/L Total Phosphorus, as P 9.71 5.88 4.73 20.5 29.3 0.41 11/9/06 mg/L Fecal Coliform, > 60,000 eA > 6,000 est > 6,000 est > 60,000 est > 60,000 est > 6,000 est 11/7/06 Colonies/100 MIL Comments: Reviewed by. (,'(_sr & S-Q l Ll 1—&Zz� IS NO ENVIRONMENTAL CHEMISTS, INC 6602 Windmill Way _ ®MEN-Viw Wilmington, NC 28405 } ,r- Sample Collection and Chain of Custody Phone: (910) 392-0223 [n� Fax (910) 392.4424 Client: G1) EMAIL: ECHEMW ,aol.com Collected By: 1166^ C08B o4-N Tflai&TL Re ort No: bam ie i e: i = innuent L = Etnuent w =wen S I =Stream SO =Sou at_.= mua a Other: Sample Identification Q rY1 Collection == a 6 `o a G7 a C' G 8 PRESERVATION ANALYSIS REQUESTED 0 SG G DATE TIME TEMP C ��� � �� `i- G a165y '� '' G a 165a �! 7 S G G S al 65 J 0��c PM - a 1653 ,, o� 3P�� G G S (Q r, JiTgft C G C P G G C P G G C P G G CCP 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 wh ecei ' , ° Accepted: '—�' tI`ejected• Resample Requested: Delivered By: Received By: Date: �+ Time: :Uo Comments: Mo TANT NOTICE North Carolina Division of Water Quality (NCDWQ) is strictly enforcing EPA regulations for sample collection and Preserv.-stEau. Client Must Provide the Foliowin Information 1. SAMPLE IDENTIRCATION (Cunud= Associated with requested testing} 2. SAMPLE TYPE (Composite, Grab, Water, Soil, etc.) 3. DATE CC�LLECTI�? 4. TBAE COLLE( T 5. SAMPLE COLLECTOR 6. !!RESERVATION (Including Temperature and pH) TemVerature: Samples MUST be refrigerated or received on ice between 2 and 6 " C. Samples received within,two (2) hoars of collection must show a downward trend. Therefore, please record tempearatrire at collectian in space provided on collection street. pR- A two (2)hour bruit to chemically preserve samples by pH adjustment is allowed, except -for metals samples reported to the Groundwater Section which must be acidif ed at the tune'of collection. Caution These sample bottles may contain small amounts of acid or other corrosive vnd potentially harmful chemicals. Laboratories are required to add these chemicals for certain analyses in order to comply with EPA preservation requirements. Use extreme care when oprning and handling the bottlws. If any chemical should get on your skin or clothes flush liberally with water and seek medical attention. DECHLORINATION INSTRUCTIONS CAUTION. DO NOT Mix thiosulfabe with acid in bottle before collecting samples as a violent reaction will occur. Dedtioriaatiym Samples that Require Acid Preservation 1. Add 4-5 grmmles of thiosa fate to a bottle with no acid preservative (m4weserved BOD/'I'SS bottle). 2. Afrer mnaag to dissolve the thiosulfate, pour half of the szcqjle into a bottle containing acid as a - - Preservative (Ammonia/ TCN). - - - - - 3. Then completely fill bath bottles with fresh sample. Tlrc Laboratory will verify and docameat the alcove requested infonmalion. reef. NCAC 2H.0805 (a) (7) 04). "At any time a laboratory receives samples which do not meet sarnp le collection, holding time, or preservation requirements, the laboratory must notify the sample collecbw or client and secure another sample if possible. If another sample cannot be secured, the original sample may be analyzed, butthe results reported must be qualified with the as ftue of the infraction(s). And the laboratory =i t notify the State Laboratory about the iufrac tion(s). The nWfira ion n= include a state rent indicating carrective actions tW= to prevent tb,r sa problem for future mples. ref_ From: "Turner, Jason - Burgaw, NC" <Jason.Tumer@nc.nacdnet.net Date: Wed, 8 Nov 2006 15:32:12 -0600 To: <Chester. Cobb@ncmail. net>, <Will.Burke@ncmail.net> Content -Description: Hall #1 5 day POA.XLS Hall #1 5 day POA.XLSi Content -Type: application/vnd.ms-excel j Content -Encoding: base64 I Content -Description: Hall #2 5 day POA.XLS Hall #2 5 day POA.XLS Content -Type: application/vnd.ms-excel € Content -Encoding: base64 Content -Description: Ponderosa 30 POA.XLS Ponderosa 30 POA.XLS Content -Type: application/vnd.ms-excel Content -Encoding: base64 1 of 1 11/17/2006 10:55 AM PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): I Ponderosa 71-72 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr.124 hr. storm & structural freeboard c. line b - line a (inches in red zone) _ d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c/12 x line d x'7.48 gallonslW 3. Projected volume of waste liquid produced during draw down period 17.0 inches 19.0 inches 2.0 inches 1020360 ftz � 1272049 gallons f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 495720 ft3 h. current herd # 3672 certified herd # 3672 actual waste produced = current herd # x line g = 495720 fC certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 11/212006 m. ((lines e + k)11000) x line 1 = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) I fo 73500 ft3 709628 gallons 1.10 Ibs11000 gal. 2179.8 lbs. PAN PoA (30 Day) 2/21100 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Ponderosa 71-72 line rn = 2179.8 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n.lines 1+2+3+4+5+6= 2179.8lbPAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD_ DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # P. field # q. crop r. acres s. remaining IRR 2 PAN balance (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application window' 7108 P-1 0.89 112.10 99.8 P-2 6.27 112.10 702.9 P-3 6.63 112.10 743.2 P-4 5.82 112.10 652.4 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 2198.3 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 2179.8 lb. PAN PoA (30 Day) 2/21/00 x. Crop's remaining PAN balance (line v from section III) = 2198.3 lb. PAN y. Overall PAN balance (w - x) = -18 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the Mr.Hall requested that this plan be done on November 7, 2006. He had gotten the lagoon almost into compliance today but we have had heavy rains today. Spray fields are saturated at this time. POA completed by Jason Turner PSWCD Techn. 11-8-06. PoA (30 Day) 2/21/00 Division of Water Quality [Facility Number �� O Division of Sail and Water Conservation - - — - O Other Agency Type of Visit Ff Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance Reason for Visit 0 Routine 0 Complaint Follow up 0 Referral 0 Emergency 0 Other ❑ Denied Access Date of Visit: / ;� 0* Arrival Time: /2,' Q Departure Time: County: r�it1�F Region: 260 Farm Name: Owner Email: Owner Name:�/+���/� Phone: Mailing Address: Physical Address: Facility Contact: Title: Phone No: Onsite Representative: Integrator: 41 _ Certified Operator: Operator Certification Number: Back-up Operator: Back-up Certification Number: Location of Farm: Latitude: e ❑ ' = « Longitude: ❑ ° Design S°wine Capacity ❑ Wean to Finish ❑ Wean to Feeder Feeder to Finish El Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish LJ Gilts ', ❑Boars Other. ❑Other -77 Design Current Design Curreut, .: ation ` Wet"Poultry `Capacity Population Cattle Capacity ' Population J Non -Layer Dry Poultry ; , ❑ Layers ❑ Non -Layers ❑ Pullets ❑ Turkeys ❑ Turkey Poults ❑ Other ❑ Dairy Cow ❑ Dairy Calf ❑ Dairy Heifer ❑ Dry Cow ❑ Non -Dairy ❑ Beef Stocker ❑ Beef Feeder ❑ Beef Brood Co Number of Structures:. Discharees & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Structure ❑ Application Field ❑ Other a. Was the conveyance man-made? b. Did the discharge reach waters of the State? (If yes, notify DWQ) c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (If yes, notify DWQ) 2. Is there evidence of a past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Page I of 3 ❑ Yes 0 No ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE ❑ NA ❑ NE ❑ Yes ❑ No ❑ Yes A No ❑ NA ❑ NE ❑ Yes YNo ❑ NA ❑ NE 12128104 Continued 7 Facility Number: — Z Date of Inspection / o Waste Collection & Treatment 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? a. If yes, is waste level into the structural freeboard? Structure 1 Structure 2 Structure 3 Structure 4 Identifier: #-1 Spillway?: '1a Designed Freeboard (in): Observed Freeboard (in): n�i0 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ large trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? XyeseAa 10 ❑ Yes )ZNo Structure 5 ❑ NA ❑ NE ❑ NA ❑ NE Structure 6 ❑ Yes ZNo ❑ NA ❑ NE ❑ Yes_ oNo ❑ NA ❑ NE If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ 7. Do any of the structures need maintenance or improvement? ❑ Yes ❑ No ❑ NA VNE 8. Do any of the stuctures lack adequate markers as required by the permit? ❑ Yes ❑ No ❑ NA PINE (Not applicable to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ Yes ❑ No ❑ NA E maintenance or improvement? / Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes ❑ No ❑ NA �NE maintenance/improvement? 11. Is there evidence of incorrect application? If yes, check the appropriate box below.. ❑ Yes ❑ No ❑ NA /`-'' NE ❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.) [:]PAN ❑ PAN > 10% or 10 lbs ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil ❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Area 12. Crop type(s) 13. Soil type(s) 14. Do the receiving crops differ from those designated in the CAWMP? 15. Does the receiving crop and/or land application site need improvement? ❑ Yes ❑ Yes 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination ? ❑ Yes 17. Does the facility lack adequate acreage for land application? ❑ Yes 18. Is there a lack of properly operating waste application equipment? ❑ Yes ❑ No ❑ NA PNE ❑ No ❑ NA 111NE ❑ No ❑ NA)Z NE ❑ No ❑ NA XINE ❑ No ❑ NA �NE Comments (refer to question #): Explain: any YES answers and/or any recommendations or -any other comments x., Use drawings of facility to better explain situations. (use additional pages as necessary): gy C'� sT,�� -- 0 rj c -1 FN\ Fe t,J Vic s L e:v r— Dtj Reviewer/Inspector Name Reviewer/Inspector Signature: Date: Page 2 of 3 //A- y1p4- 121181041 Continued Facility Number: Date of Inspection I #2gw Required Records & Documents 19. Did the facility fail to have Certificate of Coverage & Permit readily available? ❑ Yes ❑ No ❑ NA PrNE 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check [] Yes ❑ No ❑ NA �NE the appropriate box. ElWUP El Checklists El Design El Maps El Other 21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA .0"NE ❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification ❑ Rainfall ❑ Stocking ❑ Crap Yield ❑ 120 Minute Inspections [:]Monthly and 1" Rain Inspections ❑ Weather Code 22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No ❑ NA ONE 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No []NA �NE 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes ❑ No ❑ NA RNE 25. Did the facility fail to conduct a sludge survey as required by the permit? ❑ Yes ❑ No ❑ NA ;'�NE 26. Did the facility fail to have an actively certified operator in charge? ❑ Yes ❑ No ❑ NA 27. Did the facility fail to secure a phosphorus loss assessment (PLAT) certification? ❑ Yes ❑ No 'ONE ❑ NA/NE Other Issues 28. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes ❑ No ❑ NA 9NE 29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ Yes ❑ No ❑ NA YNE and report the mortality rates that were higher than normal? 30. At the time of the inspection did the facility pose an odor or air quality concern? ❑ Yes ❑ No ❑ NA XNE If yes, contact a regional Air Quality representative immediately 31. Did the facility fail to notify the regional office of emergency situations as required by ❑ Yes ❑ No ❑ NA YNE General Permit? (ie/ discharge, freeboard problems, over application) 32. Did Reviewer/Inspector fail to discuss review/inspection with an on -site representative? ❑ Yes W No ❑ NA ❑ NE 33. Does facility require a follow-up visit by same agency? Yes ❑ No ❑ NA ❑ NE Additional Comments and/or Drawings: 52) Page 3 of 3 12128104 r pF W A TF9 Q Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 14, 2006 CERTIFIED MAIL # 7002 1000 0005 2389 8638 RETURN RECEIPT REQUESTED Mr. Donald Hall Ponderosa 4571 NC Hwy 133 Rocky Point, NC 28457 Dear Mr. Hail: Alan W. Klimek, P.E. Director Division of Water Quality Subject: Notice of Violation and Recommendation for Enforcement Case # NOV-2006-DV-0066 Ponderosa Facility Number: 71-72 Pender County This is to notify you of violations to Swine Waste Management System General NPDES Permit NCA200000 issued on April 9,.2003 under Certificate of Coverage NCA271072. On November 7, 2006, Mr. John Farnell and Chester Cobb from the Wilmington Regional Office visited your Facility as referred by the Division of Soil and Water Conservation. During the inspection, Mr. Farnell noted several violations. The violations noted are as follows: 1. Freeboard Within the 25 year, 24-hour Storm Event Upon inspection of the lagoon level gauge, Mr. Farrell noted a level of eighteen (18) inches. This is in violation of Condition No. V. 3 of the NPDES Permit that states in part "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24- hour storm event plus an additional one (1) foot of structural freeboard..." North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service Wilmington Regional Office Wilmington, NC 28405 FAX (910) 350-2004 I-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper No tKarolina Naturally Postal Service CERTIFIEDU.S. • ,1 m(Domestic cc Ir �.l .a \. m ru Postage Lr) Certified Fee O M ReReceipt Fee d� (Endorsement Required) ` Q C=j Restricted Delivery Fee r3 (Endorsement Repaired) Q rn r� Total Postage 8 Fees W f!J C3A�21-r Sent Ta l ,( ----------------------------------- or PO Box No. 0(- / / A ! -1 I t l Mr. Donald Hall Page 2 of 3 November 14, 2006 2. Ponded Waste and Runoff During an inspection of the spray field located directly in front of the Swine buildings, excessive ponded waste was observed in several areas and in a no -outlet field ditch. This is in violation of Condition 11. 4 of the NPDES Permit NCA200000, which states, "Land application rates shall be accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop. In no case shall land application rates result in excessive pond_ ing or any runoff during any given application event." 3. Discharging into Waters of the State. During an inspection of the spray fields, animal waste was observed leaving the farm facility from two (2) locations. A ditch located on the backside of the fields in the woods was seen conveying the animal waste to Mill Creek. A field ditch located along the farm road leading to the swine buildings, also had flowing animal waste that discharges into an unnamed tributary leading to Mill Creek. The discharge volume is estimated at greater than 1000 gallons. This is in violation of Condition 1. 1 of the NPDES Permit NCA200000, which states, "The waste collection, treatment, storage and application system operated under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters or wetlands." 4. Failure to Notify the State The appropriate Divisional Regional Office was not notified of the excessive ponding or discharge events within the twenty-four (24) hours of the occurrence. This is in violation of Condition III. 11.f of NPDES Permit NCA200000, which states, "The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: Over applying waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters or wetlands." Mr_ Donald Hall Page 3-of 3 , ' November 14, 2006 In response to these violations, this office must receive the following information within fifteen (15) working days of the receipt of this notice: a. A written explanation of the violations and a description of the actions to be taken to prevent the recurrence of these violations. b. A copy of the freeboard, rainfall and IRR1/IRR2 records for all of 2006. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this Office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. Failure to respond may result in more violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143- 215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Also, be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this matter, please do not hesitate to call Mr. John Farnell at 910-796-7388. Yours very truly, Charles F. Stehman, Ph.D., P.G. Environmental Regional Supervisor II cc: Jason Turner, Pender County Soil and Water Conservation District John College, DSWC-WiRO Kraig Westerbeek, Murphy -Brown, LLC APS Central Files DWQ Wilmington Animal Files 71-72 S:IWQSIANIMALSIPENDER12006171-72 NOVRFE Nutrient Management Plan For Animal Waste Utilization This plan has been prepared for: Ponderosa71-7Z ,< �_ Donald Hall 4615 NC HWY 113 Rocky Point, NC 28457 910-675-0473 Ol-06-2006 This plan has been developed by: JASON TURNER PENDER SWCD RECSIvED PO BOX 248 4 2007 801 S. WALKER ST. A N 0 BURGAW, NC 28425 910-259-9123 Ext. #3 IQg*loper Signature Type of Plan: Nitrogen Only with Manure Only Owner/Manager[Producer Agreement I (we) understand and agree to the specifications and the operation and maintenance procedures established in this nutrient management plan which includes an animal waste utilization plan for the farm named above. I have read and understand the Required Specifications concerning animal waste management that are included with this plan. oD �� Signature (owner) Signature (manager or producer) 1 G- a6 Date Date This plan meets the minimum standards and specifications of the U.S. Department of Agriculture - Natural Resources Conservation Service or the standard of practices adopted by the Soil and Water Conservation Commission. Plan Approved By: /--.- � 0 ec ical Specialist Signature Date ---------------------- --------------------------------------------------------------------------- — ----------------- 360935 Database Version 3.1 Date Printed: 01-06-2006 Cover Page 1 Nutrients applied in accordance with this plan will be supplied from the following source(s): Commercial Fertilizer is not included in this plan. S7 Swine Feeder -Finish Lagoon Liquid waste generated 3,403,944 gals/year by a 3,672 animal Swine Finishing Lagoon Liquid operation. This production facility has waste storage capacities of approximately 180 days. Estimated Pounds of Plant Available Nitrogen Generated per Year Broadcast 7840 Incorporated 13464 Injected 14828 Irrigated 8522 Max. Avail. PAN (lbs) * Actual PAN Applied (lbs) PAN Surplus/ Deficit (lbs) Actual Volume Applied (Gallons) Volume Surplus/ Deficit (Gallons) Year 1 8,522 8533 -11 3,408,560 1 -4,616 -----------------------------------------------------------------------------------h-n---------------------------------------------------------------------------- l�fote: In source ID, S means standard source, U means user defined source. * Max. Available PAN is calculated on the basis of the actual application method(s) identified in the plan for this source. 360935 Database Version 3.1 Date Printed: 01-06-2006 Source Page Page 1 of 1 Narrative This plan reflects a wettable acres determination done by Margaret O`Keefe, NC DSWC on 12-9-05 for 23.97 acres. Producer overseeds bermuda with winter wheat that is harvested for hay in the spring of the year. A rate of 60 lbs. can be applied to the wheat due to the crop not going full heading stage because it has be cut off before it shades out the new growth of bermuda each year. Additional spray areas need to be seeded with Bermuda the spring of 2006 to be incompliance this waste plan. --------------------------------------------------------------------------------------------------------------- --- ------------------------------•----- 360935 Database Version 3.1 Date Printed: 01-06-2006 Narrative Page Page l of 1 The table shown below provides a summary of the crops or rotations included in this plan for each Feld. Realistic Yield estimates are also provided for each crop in the plan. In addition, the Leaching Index for each field is shown, where available. Planned Crops Summary Tract Field Total Acres Useable Acres Leaching Index (LI) Soil Series Crop Sequence RYE 7108 P-1 0.89 0.89 NIA Goldsboro Small Crain Overseed 1.0 Tons Hybrid Bermudagrass Hay *6.5 Tons 7108 P-2 6.27 6.27 NIA Goldsboro Small Grain Overseed 1.0 Tons Hybrid Bermudagrass Hay 6.5 Tons 7108 P-3 6.63 6.63 NIA Goldsboro Small Grain Overseed 1.0 Tons Hybrid Bent udagrass Hay 6.5 Tons 7108 P4 5.821 5.82 NIA Goldsboro Small Grain Overseed 1.0 Tons Hybrid Bermudagrass Hay 6.5 Tons 7108 P-5 4.36 4.36 NIA Goldsboro jSrnall Grain Overseed 1.0 Tons Hybrid Bermudagrass Hay 6.5 Tons PLAN TOTALS: 23-97 23.97 LI Polentia! Leaching Technical Guidance Low"potential to contribute to soluble None 2 nutrient leaching below the root zone. >= 2 & Moderate potential to contribute to soluble Nutrient Management (590) should be planned. nutrient leaching below the root zone. �= 10 High potential to contribute to soluble Nutrient Management (590) should be planned. Other conservation practices that improve the soils nutrient leaching below the root zone. available water holding capacity and improve nutrient use efficiency should be considered. > 10 Examples are Cover Crops (340) to scavenge nutrients, Sod -Based Rotations (328), Long -Tenn No -Till (778), and edge -of -field practices such as Filter Strips (393) and Riparian Forest Buffers (391). 360935 Database Version 3.1 Date Printed 1/6/2006 PCS Page Page I of NOTE: Symbol * means user entered data. The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This plan provides an estimate of the number of acres of cropland needed to use the nutrients being produced. The plan requires consideration of the realistic yields of the crops to be grown, their nutrient requirements, and proper timing of applications to maximize nutrient uptake. This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied by manure or other by-products, commercial fertilizer and residual from previous crops. An estimate of the quantity of solid and liquid waste that will be applied on each field in order to supply the indicated quantity of nitrogen from each source is also included. A balance of the total manure produced and the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the manure generated by the operation. Waste Utilization Table Year 1 Tract Field Source I Soil Series Total Acres Use. Acres Crop RYF Applic. Period Nitrogen PA Nutrient Req'd (lbs/A) Comm. Fert. Nutrient Applied (lbs1A) Res, (lbs1A) Applic. Method Manure PA NutricntA pplied (ibs/A) Liquid ManureA pplied (acre) Solid Manure Applied (acre) Uquid Manure Applied (Field) Solid Manure Applied (Field) N N N N t000 gal/A Tons 1000 gals tons 7108 P-1 S7 Goldsboro 0.89 0.89 Small Grain Overseed 1.0 Tons *10/15-3/3 *60 0 0 brig. 60 23.97 0.00 21,33 0.00' 7108 P-1 S7 Goldsboro 0.89 0.89 Hybrid Bermudagrass [lay *6.5 Ton *4/1-10115 296 0 0 Irrig. 296 118.24 0.00 105.23 0.00 7108 P-2 S7 Goldsboro 6.27 6.27 Small Grain Overseed 1.0 Tons * 10115-313 *60 0 0 Irrig, 60 23.97 0,001 150.27 0.00 710$ 1 P-2 S7 Goldsboro 6.27 6.27 Hybrid Bermudagrass Hay 6.5 Tons *4/1-10/15 296 0 0 Irrig. 296 118,24 0.00 741.33 0.00 7108 1 P-3 S7 Goldsboro 6.63 6.63 Small Grain Overseed 1.0 Tons * 10115-3/3 *60 0 0 Irrig. 60 23.97 0.00 158.90 0.00 7108 P-3 S7 Goldsboro 6.63 6.63 Hybrid Bermudagrass Hay 6.5 Tons *4/1-10115 296 0 0 brig. 296 118.24 0.00 783.90 0.00 7108 P-4 S7 Goldsboro 5,92 5.82 Small Grain Overseed 1.0 Tons *10/15-3/3 *60 0 0 brig. 60 23,97 0,00 139.49 0,00 7108 P4 S7 Goldsboro 5,82 5.82 Hybrid Bermudagrass Hay 6.5 Tons *4/1-10/15 296 0 0 brig. 296 118.24 - 0.00 688.13 0.00 7108 P-5 S7 Goldsboro 4,36 4,36 Small Grain Overseed 1.0 Tons *10115-313 *60 0 0 brig. 60 23.97 0.00 104.49 0.00 7108 P-5 S7 Goldsboro 4.36 4.36 Hybrid Bermudagrass Hay 6.5 Tons *4/1-10/15 296 0 0 Irrig. 296 i 18.24 0.00 515.50 0.00 Total Applied, 1000 gallons 3,408.56 ' a. Total Produced, 1000 gallons 3,403.94 .:'A ;E Balance, 1000 gallons -4,62 "i' "" Total Applied, tons`, 0.00 Total Produced, tons11 ; F_ 0,00 Balance, tons*aVI I '-' 0.00 Notes: 1. In the tract column, - symbol means leased, otherwise, owned. 2. Symbol * means user entered data. 360935 Database Version 3.1 Date Printed: 1/6/2006 WUT Page Page 1 of 1 The Irrigation Application Factors for each field in this plan are shown in the following table. Infiltration rate varies with soils. If applying waste nutrients through an irrigation system, you must apply at a rate that will not result in runoff. This table provides the maximum application rate per hour that may be applied to each field selected to receive wastewater. It also lists the maximum application amount that each field may receive in any one application event. Irrigation Application Factors Tract Field Soil Series Application Rate (inches/hour) Application Amount (inches) 7108 P-1 Goldsboro 0.50 1.0 7108 P-2 Goldsboro 0.50 1.0 7108 P-3 Goldsboro 0.50 1.0 7108 P-4 Goldsboro 0.50 1.0 7108 P-5 Goldsboro 0.50 1.0 360935 Database Version 3.1 Date Printed 1/6/2006 IAF Page Page 1 of l NOTE: Symbol * means user entered data. The following Lagoon Sludge Nitrogen Utilization table provides an estimate of the number of acres needed for sludge utilization for the indicated accumulation period. These estimates are based on average nitrogen concentrations for each source, the number of animals in the facility and the plant available nitrogen application rates shown in the second column. Lagoon sludge contains nutrients and organic matter remaining after treatment and application of the effluent. At clean out, this material must be utilized for crop production and applied at agronomic rates. In most cases, the priority nutrient is nitrogen but other nutrients including phosphorous, copper and zinc can also be limiting. Since nutrient levels are generally very high, application of sludge must be carefully applied. Sites must first be evaluated for their suitability for sludge application. Ideally, effluent spray fields should not be used for sludge application. If this is not possible, care should be taken not to load effluent application fields with high amounts of copper and zinc so that additional effluent cannot be applied. On sites vulnerable to surface water moving to streams and lakes, phosphorous is a concern. Soils containing very high phosphorous levels may also be a concern. Lagoon Sludge Nitrogen Utilization Table Crop Maximum PA-N Rate lblac Maximum Sludge Application Rate 1000 gallac Minimum Acres 5 Years Accumulation Minimum Acres 10 Years Accumulation Minimum Acres 15 Years Accumulation Swine Feeder -Finish Lagoon Sludge - Standard Com 120 bu 150 13.16 46.03 92.07 138.10 Hay 6 ton R.Y.E. 300 26.32 23.02 46.03 69.05 Soybean 40 bu 160 14-04 43.16 86.31 129A7 --------------------------------------------- -------------------------------------------------------- •------ ---------- ---------------------------------------- 360935 Database Version 3.1 Date Printed: 01-06-2006 Sludge Page Page I of The Available Waste Storage Capacity table provides an estimate of the number of days of storage capacity available at the end of each month of the plan. Available storage capacity is calculated as the design storage capacity in days minus the number of days of net storage volume accumulated. The start. date is a value entered by the user and is defined as the date prior to applying nutrients to the first crop in the plan at which storage volume in the lagoon or holding pond is equal to zero. Available storage capacity should be greater than or equal to zero and less than or equal to the design storage capacity of the facility. if the available storage capacity is greater than the design storage capacity, this indicates that the plan calls for the application of nutrients that have not yet accumulated. If available storage capacity is negative, the estimated volume of accumulated waste exceeds the design storage volume of the structure. Either of these situations indicates that the planned application interval in the waste utilization plan is inconsistent with the structure's temporary storage capacity. Available Waste Storatre Capacity Source Name I Swine Feeder -finish Lagoon Liquid Design Storage Capacity (Days) Start Date 9f 1 180 Plan Year Month Available Storage Capacity (Days) # 1 1 71 1 2 52 1 3 30 1 4 15 1 5 30 1 6 61 t 7 91 1 8 121 1 9 137 1 10 127 i 11 112 1 12 96 * Available Storage Capacity is calculated as of the end of each month. --------------------- ---------•---------------------------------------------------------------------------------------------------------------------- 360935 Database Version 3.1 Date Printed: 01-06-2006 Capacity Page Page I of I Required Specifications For Animal Waste Management- 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 that 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 the waste, he/she shall provide evidence 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 waste production facility to secure an update of the Nutrient Management Plan when there is a change in the operation, increase in the number of animals, method of application, receiving crop type, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications 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 eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (see USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). 5. Odors can be reduced by injecting the waste or by disking after waste application. Waste should not be applied when there is danger of drift from the land application field. 6. When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is 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 a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. --------------------------------------------------------------------------------------------------------------------------------------• ---------------------- 360935 Database Version 3.1 Date Printed: 1/6/2006 Specification Page l 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the soil 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. 10. Nutrients from waste 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 canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer that 25 feet to perennial waters. 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 the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge 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. 16. Domestic and 'industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. - -•----------------- ------------ —------------------ — --- 360935 Database Version 3.1 Date Printed: 1/6/2006 Specification Page 2 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 Iimited 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. 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 pre -plant 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 nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. 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 and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three 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. -----------------------------------------------------------------------------------------------------------------------------------------------------•---------- 360935 Database Version 3.1 Date Printed: 1/6/2006 Specification Page 3 Crop Notes The following crop note applies to fteld(s): P-1, P-2, P-3, P-4, P-5 Bermudagrass Coastal Plain, Mineral Soil, Poorly Drained to Somewhat Poorly Drained. Adaptation: Effective artificial drainage MUST be in place to achieve Realistic Yield Expectations provided for these soils. In the Coastal Plain, hybrid bermudagrass sprigs can be planted Mar. 1 to Mar. 31. Cover sprigs 1" to 3" deep (1.5" optimal). Sprigs should be planted quickly after digging and not allowed to dry in sun and wind. For Coastal and Tifton 78 plant at least 10 bu/ac in 3' rows, spaced 2' to 3' in the row. Generally a rate of 30 bu/ac is satisfactory to produce full groundcover in one or two years under good growing conditions. Tifton 44 spreads slowly, so use at least 40 bu/ac in 1.5' to 2' rows spaced I' to 1.5' in row. For broadcast/disked-in sprigs use about 60 bu/ac. Soil test for the amounts of lime, phosphorus, potassium and micronutrients to apply preplant and for annual maintenance. Apply 60 to 100 lb/ac N in the establishment year in split applications in April and July. For established stands apply 180 to 240 lb/ac N annually in split applications, usually in April and following the first and second hay cuts. Reduce N rates by 25% for grazing. Refer to NCSU Technical Bulletin 305 Production and Utilization of Pastures and Forages in North Carolina for more information or consult your regional agronomist or extension agent for assistance. The following crop note applies to field(s): P-1, P-2, P-3, P-4, P-5 Small Grain: CP, Mineral Soil, low -leachable In the Coastal Plain, oats and barley should be planted from October 15-October 30; and rye from October 15-November 20. For barley, plant 22 seed/drill row foot and increase the seeding rate by 5% for each week seeding is delayed beyond the optimum time. See the seeding rates table for applicable seeding rate modifications in the current NCSU "Small Grain Production Guide". Also, increase the initial seeding rate by at least 10% when planting no -till. Oats should be planted at 2 bushels/acre and rye at 1-1 1/2 bushels/acre. Plant all these small grains at 1-1 1/2" deep. Adequate depth control is essential. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Apply no more than 30 lbs/acre N at planting. Phosphorus and potash recommended by a soil test can also be applied at this time. The remaining N should be applied during the months of February -March. -------------------- --- •------------------------------ ---------------------- 759849 Database Version 3.1 Date Printed: 01-06-2006 CropNote Page Page 1 of 1 o��� w A rERQ� 7 & -64;-i i � �- April 21, 2006 CERTIFIED MAIL 7005-0390-0001-3199-9321 RETURN RECEIPT REQUESTED Donald H. Hall 4571 NC Hwy. 133 Rocky Point, NC 28457 Dear Donald H. Hall: Michael F. Easley,, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Re: Request for Information Sludge Survey Report Ponderosa NCA271072 Pender County Alan W. Klimek, P.E. Director Division of Water Quality Your Animal Waste Management General NPDES Permit contains a condition that addresses the sludge survey requirement for the lagoon(s) at your animal feeding operation. Your NPDES Permit Number NCA271072 Condition I11.16, on page 10 states: "All facilities, which are issued a COC to operate under this permit, shall conduct a survey of the sludge accumulation in all lagoons within one (1) year of receiving the COC and every year thereafter. This survey shall include but not be limited to a sketch showing the depth of sludge in the various locations within each lagoon. This survey shall be submitted as part of the facility's annual report in the year it was conducted..." Our records indicate that the Division has not received the sludge survey results for the'year 2005 from your facility and your facility had not previously exempted based on prior surveys. The form was due March 1, 2006. To avoid possible enforcement action for a violation of your permit, please submit the results within thirty (30) days of receipt of this letter to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Aquifer Protection Section 1636 Mail Service Center Internet: wlAw.ncwaterquality.oLocation: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Recycledll0% Post Consumer Paper �N7 hCarolina aturally Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (9 19) 715-6048 Customer Service: (877) 623-6748 7005 0390 0001 3199 9321 ' Donald H, Hall Page 2 4/21/2006 Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact me at 910-796-7215. Yours Very Truly, " V � . $LO.'-, Charles F. Stehman, PH.D, P.G. Environmental Regional Supervisor lI cc: Paul Sherman WIRO File North Carolina Department of Environment and Natural Resources Division of Soil and Water Conservation Michael F. Easley, Governor William G. Ross Jr., Secretary June 22, 2005 Donald "Scrappy" Hall 4571 NC Hwy 133 Rocky Point, NC 28457 Dear Mr. Hall: ern RCDENR The 3 included pages show 2 possible irrigation layouts for your smaller farm and the amount of land covered by each pull. Both of these options use the newly cleared land and one requires the area inside the square to be cleared as well. The difference between the two involve the use of pull 43; which involves Clearing the bushy, ditch area in the middle of the field and turning it into a grassed waterway. Clearing the additional acreage in the back of your field would provide approximately the same amount of wettable acreage as pull #3 would. There is a difference in credited wettable land for new verse existing pulls, so the same length of pull may have different coverage in the layout. The minimal required wettable acreage was calculated using the following assumptions: 1. Reclassification of the soil type on part of the land from NoB to NoA. 2. Using the nitrogen rates for hayed, not grazed land. 3. Using land required for nitrogen based loading rates. If the phosphorus rating is high or very high, additional land will be required. 4. The land cleared by and behind the pump house is not classified as wetlands. I would strongly recommend that when someone looks at the cleared land for the required wetland delineation calls they also look at the additional land present on the farm, including the land behind the cleared field areas. Lengthening the pulls would provide additional land to apply on without having to add additional hydrants or pulls. This extra land would give you more pumping options to stay in compliance. Before this land is used, a wetland delineation must be completed to avoid possible fines resulting from pumping on wetlands. The buildup of phosphorus levels in fields is becoming more of a problem and the Division of Water Quality is starting to take a closer look at this_ Soils rating low to medium in phosphorus levels can have waste applied at the current nitrogen -based rates. High ratings require phosphorus based loading rates while very high rated fields can't receive animal waste. Using the minimal required acreage for nitrogen increases the amount of phosphorus in the fields. In time, this buildup of phosphorus will change the soils phosphorus rating. Until technology solves this problem, additional land may be needed in the future for waste application due to phosphorus buildup in soil. Providing additional land now will slow down the buildup of phosphorus, helping you to stay in compliance. 1 need a copy of the wetland delineations and your decision about clearing the bushy, ditched, center field area and/or the additional area behind the current pulls before 1 can proceed. I strongly recommend additional land to help keep you in compliance. I have sent a copy of this to the district to keep Jason in the loop. My new phone number is (910) 796-7379. Sincerely Yours, ? t MargO'Keefe P 50a- --"- -"V ::,j 0 w-ul d ! Z P7 r.7A5L"�-3v-es /k (-- !,-2 �7 + _7 71 I �G CL-2 �. c /2 ') q C, I',, C, i jzj C, Or - - - - -------------------- I ....... C;72J* La 2-9-05 Dear Chester Cobb, This letter is explaining the corrective actions that I have taken for the noted violations on Ponderoas. 1. Wettable acres determination and waste management plan- I have been working —with the Divison of Soil and Water and Pender Soil and Water on getting the field information for the wetted acres. This was done the week of January 30, 2005. A new waste plan will be developed as soon as the wettable acres is determined by Margaret O Keele. This plan should be completed this spring. 2. High freeboard- Due heavy rainfall and hurricanes, levels exceeded 19". Lagoons'were lowered when fields dried so land application could be done. Freeboard records showed this. 3. Failure to notify Regional Office of high freeboard level- Due to family death, crop harvesting, and possible threat of hurricanes I forgot to report high freeboard levels. In the future if high freeboard levels occur, they will be reported as soon as possible. 4. Waste sampling- Samples are now being taken every 3 months and sent to the lab. If you have any questions, or need additional information, please give me a call. Thanks, Donald Hall 1niArFRQ Michael F. Easley, Govemor G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 7 Q Alan W. Klimek, P.E. Director Division of Water Quality February 4, 2005 CERTIFIED MAIL # 7004 0750 0000 5300 3518 RETURN RECEIPT REQUESTED Mr. Donald Hall Ponderosa 4615 Hwy 133 Rocky Point, NC 28457 Subject: Notice of Violation Ponderosa Facility Number: 71-72 Pender County--`"`-�' Dear Mr. Hall: This is to notify you of violations to Swine Waste Management System General NPDES Permit NCA200000 issued on April 9, 2003 under Certificate of Coverage NCA271072. On December 15, 2004, Mr. Chester Cobb from the Wilmington Regional Office of the Division of Water Quality performed a compliance inspection of the Ponderosa Farm. During the inspection, Mr. Cobb noted several violations. The violations noted are as follows: 1. Wettable acres determination with matching waste management plan needed In October 2000 you were. notified by a letter that a wettable acres determination was needed by April 2001. Also, this requirement has been documented on compliance inspections done since 2000. The wettable acres determination still had not been done as of the inspection performed on December 15, 2004. This is in violation of Condition No. I. 3 of the NPDES permit that states in part "The CAWMP must be consistent with all applicable laws, rules, ordinances, and standards (federal, state, and local) in effect at the time of siting, design and certification of the facility." 2. High freeboard Upon review of the freeboard records, Mr. Cobb noted several readings less than nineteen (19) inches for both lagoons from March 6, 2004 to March 13, 2004. t4 Carolina Xatura!!ry North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 FAX (910) 350-2004 1-877-623-6748 An Equal OpporhtnitylAfrimtaffve Action Employer- 50% Recydedl10% Post Consumer Paper 7004 0750 0000 5300 3525 or Mr. HAII Page 2 of 3 February 4, 2005 This is in violation of Condition No. V. 3 of the NPDES Permit that states in part "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot of structural freeboard..." 3. Failure to notify Regional Office of high freeboard level Upon returning to the office, Mr. Cobb could not find where this Office had been notified of the high freeboard levels. This is in violation of Condition No. III. 11.e. of the NPDES Permit that states in part, "The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: Failure to maintain adequate storage capacity in a lagoon/storage greater than or equal to that required in Condition V. 3. of this Permit." 4. More frequent waste sampling needed When reviewing the records, Mr. Cobb only found two waste analyses for 2004 (April 5, 2004 and October 25, 2004). Some of the waste applications were outside of the 50- day window for a particular waste analysis. This is in violation of Condition No. III. 5 of the NPDES Permit that -states in part, "An analysis of the animal waste shall be conducted in accordance with recommended laboratory sampling procedures as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application. In response to these violations, this office must receive the following information within fifteen (15) working days of the receipt of this notice: a. A written explanation of the violations. b. A written description of the actions taken to prevent the recurrence of these Violations. c. A list showing the dates for the accomplishment of proposed actions. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. If the above issues are not corrected within ninety (90) days, be advised that the Division of Water Quality may take further action in these matters including assessment of civil penalties, injunctive relief, and permit revocation. Mr. Hall ` Page 3 of 3 February 4, 2005 If you have any questions concerning this matter, please do not hesitate to call Mr. Chester Cobb at 910-395-3900 ext. 226. Yours v_ery,i;e truly, Q V Charles F.hman, Ph.D., P.G. Environmental Regional Supervisor cc: Jason Turner, Pender County Soil and Water Conservation District Kraig Westerbeek, Murphy -Brown, LLC Keith Larick, APS Central Files DWQ Wilmington Animal Files 71-72 S:IWQS1ANIMALSIPENDERl2005171-72 NOV APR-2e-2005 14:29 FROM:PENDER SWCD OFFICE 9102591505 --�- -`�`�- T0: 935@2004 .~ - 1 P. 2 axNrnr, xwcurrY aiMAr. caaz`//�z��'rtox i+oxrs Cardfioatt of Courage or Pandit NumbarAV16 Cm,ty _ Year 2og4 Faaitity Name (as sbown on Cctffla to of Cov=age w Pramit)_ S Operator is Cbwp for this Facility P! Ccatif cation I.arid of animal wagta as sIlowod by the above permit opGnared dieing thhe past calendar year YP3 ___„_ NQ. xf Na, skip Part I apd Pert II and gmcaeci to the cortificatioa Also, if at»dai wgsw . � but not land applied. glean att� an e�laastion on how tfie animal waste was handlod. // i. Total Ymmber of appUcatim Mddo crr Pulia a (please cha* dtc Vpropift box) m dw CatiW Animal Wade Mkt Fb m (CAWMP): Total. Useable Mes epprav ed in the CAWMP 2. Total Dumber of Fields �(or Pulls D (phwc check My qpmpnaw boot) cm which land agplicom oomm ad during the year: Total Ac m on which waste was swhw 3. Total poumbr of Plmtt A`►ailabta Nhrop m (PAN) applied 4tft talc ym for uU appbmto n sitar; G1oub z 4. Total poamds of Plant M$Ila & Nmugen (PAN) allowed to be land applied =Mmlly by the CAWMP arid the pamix _ Nck (a - - , S. Estimated amount of total mamue, litter and process waatMBW Sold or giVCM to of = Pascals and tarn Off site during the year 0— - tons ❑ or ❑ {please cbeak the appropriate boat) 6. Aural avamge undw of suttmals by type at this BtciliitY drain$ the previous y=: 7. Largest and sma]]est m miber of animals by type at this f wility at anyano limo dwftg Om pmvious yaw. Steepest 3 �.� - 4 (Then numbers are fain octal p uposm only dwe the wily pennit limit on du mmiw of animals at the dtcility� is the amxusi average ass) Fm S. Facility's 1MP for if a HcAblar---, �t - Q r1AS IF M ANSVM TO ANY STATEMENT BELOW 19 "Mr. PI,WB PROVIDE A WP177EN �ObT AS TO WHY nM FACIiM WAS NOT Ca11+IpL ma TM DATES OF ANY NON COMPLUNCB, Alm Man" CXWJMCrrVE ACTION TAMN OR PROPOSED TO BE TAKEN TO BMG THIS FACUff BACK INTO COME UMCE. I. 00y animal waft SomWed at this facility was applied to the permitted dW during iras 0 No tttaput cakadar yaw AFACF 3444)3 a 'APR-2E-2005 14:33 FROM:PENDER SWCD OFFICE 9102591505 TO:93502004 P. 11 2. The ibcility was opeatod in sw A a way that there was no direct runoff of waste frm die f2afty (UWA ding the horsespmxb and the application Shm) d the past calendar year. 3. Them was no &Wharge of waste to saafca water from this heft Ring the Past calandw year. 4. 'Ibam was no freeboactd violatiaa in arty lagoons or sump ponds at Wo faaa'lity during the past calendar year. 5. Theta was no PAN xMHadon to any fields or craps at this facility greater rhea the leveb apocified in this facility'a CA W during the pest calendar year. 6. All lead appbeadon KWpmoat was ch'brated at }east o r= daring the past calendar year. 7. Sludge acctrmrrlatian in A lagoons did not m=W the volume for wbkh tfie Z - —� was "Pad or reduce the lagoon's muumum orcamm VON= to IM tham the vobune for which the laS= was designed. 8. A copy of the Annual Sludge Survey Form for this f cility is aMWW to tbia Cadfica* at. 9. AnmW soils Maly & were performed on as& field receiving ammal waste dmbg the past eakndw yam ter. Soil pH was mad dWned as spedfW in the penmb dining tlm past aalertder Yaw? 11. All mpdmd manitoring and repttting was pelf raked in mcmdame with the hqW. a. - permit do - calead I ly ['- . M -• . 12. AU operadarm sad maiatenwoo requiranams in the permit were ampli d withditritsg to past cglatu w yoar or, in ft case of a dvdafim prior atndwd was rw*Fa tl flow the Division of Water Quality: 13. Crops as spo Ond In tbo CAWhW ware maintained during the past ealendar year c a all sirens receiving ammd worts and dew crops goam wrote removed is amoadafe with the fiwwspermit 14. Alt bU t 1QqA -M 11 as Specified an the pan* and the CA'V W for this facility VWC maintained during each applieWc a of airingd waste doting the pact calmtdu year. Yes Cl No 12 1111� Yes o ayes ❑ xo Yes o es C] N ❑ Yes a aw/a/ ❑ No es ❑ No �Yclr No as 0140 Yes ❑ No 14 as 0140 Yea D No 17 ca tify under pwalty of law dw this domment and all attachaman were: prepared oacler my direction or gapavlsion in acoordaace with a systear designed to some tba qualified pasa=W pmoa'ly gather and evalusta the boas subm awd. Based on my inquiry of the pm= or persons who mxuv the system, or bras: permw ditwtly respa w%le for ga*atng the man, the ohrmatm mbmgW i4 to the best of my kwwledge and bcliet; tray accurate„ and complete. I am aware that 2m no sigaificantpeaalties for submitting false &fi= atim including the possibility of fines and lagw- for knowing violatia ns." to A /M GL Pennines Name and Title (type or 1) Sim ofPerwifte .Signsture of Operator in Cbargc (if diffidr� ftm Pearnit ") AFACF 344-03 2 i APR-22-2005 14:30 FROM:PENDER SWCD OFFICE 9102591505 TO:93502004 P. Appendix 1. Lagoon Sludge Survey Form A. Farm Permit or DWQ Identification Number gio= B. Lagoon Identification C. Person(s) Taking Measurements3 D. Date of Measurements Z E. Methods/Devioes Used for Measurement of: a. Distance from the lagoon liquid surface to the top of the sludge layer: b. Distance from the lagoon liquid;urfapeAffig bottom (soil) of the lagoon: c. Thickness of the sludge layer if maidng a direct measurement with 'bore sampler": F. Lagoon Surface Area (using dimensions at inside top of bank): (acres) (Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area.) G. Estimate number of sampling points: a. Less than 1.33 acres: Use 8 points Q b. if more than 1.33 acres, i9f acres x 6 = %U with maximum of 24. (Using sketch and dimensions, develop a uniform grid that has the same number of intersections as the estimated number of sampling points needed. Number the intersection points on tha lagoon grid so that data recorded at each can be easily matched.) 3 Z " rr H. Conduct sludge survey and record data on "Sludge Survey Data Sheet' (Appendix 2). f 4'�i `+� r� . At the time of the sludge survey, also measure the distance from the Maximum Liquid Level 1 � to the Present Liquid Level (measure at the lagoon gauge pole): r. u4 J. Determine the distance from the Maximum Liquid Level to the Minimum Liquid Level l iv (use lagoon management plan or other lagoon records): K. Calculate the distance from the present liquid surface level to the Minimum Liquid LevelO (Item J minus Item I, assuming the present liquid level is below the Maximum Liquid Level): L. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level ` to the lagoon bottom (average for all the measurement points):fp M. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the top of the sludge layer (average for all the measurement points): 1-53 N. Record from the Sludge Survey Data Sheet the average thickness of the sludge layer ,J O. Calculate the thickness of the existing Liquid Treatment Zone (Item M minus Item I): 15 7 (Note: If Item O is less than 4 feet, a sludge removal and utilization plan may be required by N.C. DWQ. See your specific permit or contact DWQ for more information.) ri.9 P. Proceed to the Sludge Volume Worksheet if you desire to calculate sludge volume for a rectangular - shaped lagoon with uniform side slopes. Completed by: nDate: not Name igna 14 ' APR-22-2005 14:30 FROM:PENDER SWCD OFFICE 9102591505 TO:93502004 P.5 Appendix 2. Sludge Survey Data Sheet* Lagoon Identification: Sludge Survey Data Sheet _ Completed by: Print Name (A) Grid Point No. (B) Distance from liquid surface to to of sludge (C) Distance from liquid surface to lagoon bottom soil (C) minus (8) Thickness of sludge layer Ft. & in. Ft. tenths Ft. & in. Ft. tenths Ft. & in. Ft. tenths 1 , or q rr 2 171,7rr f a !/ 3 ' //rr 4 n 5 6 •p , of 7 ,5 8 �" 9 10 11 fivir D r .r 12 1 'l .r B r4.7 13 ~ ' a 14 15 it . 7 16 . It lo r 7" 17 n rQ rr U 18 n wr 20 L 186 21 22 23 24 Avera a / t �0 • +� 3 .43 *All Grid Points -and corresnonding sludge laver jhkknesses must be shown on a sketch attached_ to this Slud�2e Survey Data Sheet. See Appendix 4 for conversion from inches to tenths of afoot. 15 APR-22-2005 14:29 FROM:PENDER SWCD OFFICE 9102591505 TO:93502004 P.1 FAX Pender Soil and Water Conservation District PO Boa 248 Burgaw, NC 28421 910-259-9123 Eat. #3 910-259-1505 Fax Date: p From: _`7.,,, Number of pages sent16 Notes: 3S0 -&�%14 o�o� R r�RQi, CO July 23, 2007 Donald H Hall Ponderosa 4571 NC Hwy 133 Rocky Point, NC 28457 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins Director Division of Water Quality Subject: Sludge Survey Testing Dates Certificate of Coverage No. AWS710072 Ponderosa Animal Waste Management System Pender County Dear Donald H Hall: The Division of Water Quality (Division) received your sludge survey information on June 29, 2007. With the survey results, you requested an extension of the sludge survey requirement for the lagoon at the Ponderosa Farm facility not to be required until 2009. Due to the amounts of treatment volume available, the Division agrees that a sludge survey is not needed until 2009. The results of the 2009 sludge survey are to be submitted by March 1, 2010. Thank you for your attention to this matter. if you have any questions, please call me at (919) 715-6937. Sincerely, Miressa D. Garoma Soil Scientist cc: WilmingtonRegionalAffice,-Aquifer-Protectio_ri Section Central Files Aquifer Protection Section 1636 Mail Service Center Intemec www.ncwaterquality.org Location: 2728 Capital Boulevard An Equal OpportunilylAffirmatnre Action Employer— 50% Recycled110% Post Consumer Paper WAhCarolina Nawally Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919)715-6048 Customer Service: (877) 623-6748 ANIMAL FACILITY ANNUAL CERT IX CATION FORM Certificate of Coverage or Permit Number AC1• 27 /a County P4731r)&& Year 200 Ll Facility Name as shown on Certificate of Coverage or Permit M► j V W1114 /dn! A SA - Operator in Charge for this Facility 00A/4W f 1115 4L Certification # (f a) -Z7%U 7Z Land application of animal waste as allowed by the above permit occurred during the past calendar year YES NO. If NO, skip Part I and Part II and proceed to the certification. Also, if animal waste was generated but not land applied, please attach an explanation on how the animal waste was handled. Part I : Facility Information: 1. Total number of application Fields bor Pulls ❑ (please check the appropriate box) in the Certified Animal Waste Management Plan (CAWMP): 19- i` Total Useable Acres approved in the CAW -MP C2 2. Total number of Fields ❑ or Pulls ❑ (please check the appropriate box) on which land application . occurred during the year: -71 Total Acres on which waste was applied a 3 3. -Total pounds of Plant Available Nitrogen (PAN) applied during the year for all application sites: - _ 7 l y oy 1-/3t - 4. Total pounds of Plant Available Nitrogen (PAN) allowed to be land applied. annually by the CAWMP and - the permit: S. Estimated amount of total manure, litter and process wastewater solder given -to other persons and taken off site during the year _-- tons ❑ or --gallons ❑ .(please check the appropriate box) 6. Annual average number of animals by type at this facility`during the previous year: 3/� 72 fir' A S- 7ur/v S' — ` .. /�fO A17Z VA-44"' 7. Largest and smallest number of animals by type. at this facility at anyone time during -the previous year: Largest 3 (o `% Smallest 360 12 �. (These numbers are for informational purposes only since the only permit limit on the number of animals at the facility- is the annual average numbers) 8. Facility's Integrator if applicable: Part II• Facility Status: N, IF THE ANSWER TO ANY STATEMENT BELOW IS "NO", PLEASE PROVIDE.A WRITTEN DESCRIPTION AS TO WHY THE FACILITY WAS NOT COMPLIANT, THE DATES OF ANY NON COMPLIANCE, AND EXPLAIN CORRECTIVE ACTION TAKEN OR PROPOSED TO -BE TAKEN TO BRING THIS FACILITY BACK INTO COMPLIANCE. Only animal waste generated at this facility was applied to the permitted sites during El/yes ❑ No the past calendar year. AFACF 3-14-03 C.4, i�l 2. The facility was operated in such a way that there was no direct runoff of waste from the facility (including a houses, lagoons/storage ponds and the application sites) during the past calendar year. 3. There was no discharge of waste to surface water from this facility during the past calendar year. — Yes ❑ No Zy's --) 1MO 4. There was no freeboard violation in any lagoons or storage ponds at this facility during the past calendar year. Fr(s i3cx-3 ; AlA&b CILwA 5 S 6 �v7 TU * 4! (2. G -9-: rar 5. There was no PAN application to any fields or crops at this facility greater than the levels specified in this facility's CAWMP during the past calendar year. 6. All land application equipment was calibrated at least once during the past calendar year. 7. Sludge accumulation in all lagoons did not exceed the volume for which the lagoon kA was designed or reduce the lagoon's minimum treatment volume to less than the volume for which the lagoon was designed.. 8_ A copy of the Annual SIudge Survey Form for this facility is attached to this Certification. 9. Annual soils analysis were performed on each field receiving animal waste during the past calendar year. 10. Soil pH was maintained as -specified in the permit during the past calendar Year? 11. All required monitoring and reporting was performed in accordance with the facility's permit during the past calendar year. 12. All operations and maintenance requirements in the permit were complied with during the past calendar year or, in the case of a deviation, prior authorization was received from the Division of Water Quality: 13. Crops as specified in the CAWND were maintained during the past calendar year on all sites receiving animal waste and the crops grown were removed in accordance with the facility's permit 14. All buffer requirements as specified on the permit and the CAWMP for this facility were maintained during each application of animal waste during the past calendar year. ❑ Yes Wo ZYes ❑ Yes I YNo ❑ Yes ❑ No ❑l Yes ❑ No U Yes ❑ No Nl Yes C No ft' Yes ❑ No Yes ❑ No "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." A//4 L Permittee Name and Title (type or print) C2&l-4IV Date Signature of Operator in Charge Date (if different from Permittee) AFACF 3-14-03 :4 r Appendix 1. Lagoon Sludge Survey Form A. Farm Permit or DWQ Identification Number &2L2 B. Lagoon Identification ---I_ _ C. Person(s) Taking Measurements3 D. Date of Measurements Z E. Methods/Devices Used for Measurement of: a. Distance from the lagoon liquid surface to the top of the sludge layer. b. Distance from the lagoon c. Thickness of the sludge bottom (soil) of the Iagoon: -if making a direct measurement with "core sampler": F. Lagoon Surface Area (using dimensions at inside top of bank): ? 8? -(acres) (Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area) G. Estimate number of sampling points: a. Less than 1.33 acres: Use 8 points b. If more than 1.33 acres, Z. B 9 acres x 6 = _ ZB T, with maximum of 24. (Using sketch and dimensions, develop a uniform grid that has the same number of intersections as the estimated number of sampling points needed Number the intersection points on the lagoon grid so that data recorded at each can be easily matched.) 3 Z 1iH. Conduct sludge survey and record data on "Sludge Survey Data Sheet" (Appendix 2). I. At the time of the sludge survey, also measure the distance from the Maximum Liquid Level � n to the Present Liquid Level (measure at the lagoon gauge pole): r. uv J. Determine the distance from the Maximum Liquid Level to the Minimum Liquid Level (use lagoon management plan or other lagoon records): K. Calculate the distance from the present liquid surface level to the Minimum Liquid Level / (Item J minus Item 1, assuming the present liquid level is below the Maximum Liquid Level): L. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the lagoon bottom for all the ` 1p�fD (average measurement paints): M. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the top of the sludge layer (average for all the measurement points): N. Record from the Sludge Survey Data Sheet the average thickness of the sludge layer: �3 O. Calculate the thickness of the existing Liquid Treatment Zone (Item M minus Item K-): ' I T (Note: If Item O is less than 4 feet, a sludge removal and utilization plan may be required by N.C. DWQ. See your specific permit or contact DWQ for more information.) P. Proceed to the Sludge Volume Worksheet if you desire to calculate sludge volume for a rectangular - shaped Iagoon with uniform side slopes. Completed by: 1��k /7(Aj jV14tnSL Date: t Name Signa 14 Appendix 2. Sludge Survey Data Sheet* Lagoon Identification: l Sludge Survey Data Sheet / Completed by: 6fhr k lad i:2? Date:_ Print Name (A) Grid Point No_ (B) Distance from liquid surface to top of sludge (C) Distance from liquid surface to lagoon bottom soil (C) minus (B) Thickness of sludge la er Ft_ & in. Ft. tenths Ft. & in. Ft_ tenths Ft. & in. Ft. tenths 1 0j.r .Z r If 2 r rr r 41 4 , rr 7b if 5 r .r rr 6 •�ff H / r 411 7 'JI" ri ', 8 1l rr 7.5 „ 1111.49 9 10 11 ' ~ , Q < rr 12 " ' 1 13 '► 2.0 r N 14.3 14 ~7, Ll� rr 15 rr L r ri 16 « • 7 <r 17 18 ' " + r 19 20 .8(y 21 22 23 24 IAvera�T�-- �. 53 T. /3 'fill Grid Points and corresponding sludge laver thicknesses must be shown on a sketch attached to this Sludge Survey Data Sheet. See Appendix 4 for conversion from inches to tenths of a foot. 15 ,6-M /8 O� WA 7'�9 Michael F. Easley, Govemor Q William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources r � Alan W. Klimek, P.E. Director .� Division of Water Quality August 13, 2003 Donald Hall 4615 Hwy 133 Rocky Point, NC 28457 Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency Ponderosa Facility # 71-72 Pender County Dear Donald Hall: Thank you for your recent submittal of the information requested in our letter dated April 15, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Wilmington Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration of the information submitted, the Wilmington Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 15, 2003 and replaces it with this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. Customer Service: Mailing Address: Telephone: (919) 733-5083 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 Raleigh, NC 27699-1617 State Courier #52-01 -01 An Equal Opportunity / Affirmative Action Employer 50% recycled / 10% post -consumer paper http://h2o.enr.state.nc.us 71021 AX NR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Inadequate Freeboard Donald Hall August 13, 2003 Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Wilmington Regional Office at 910-395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor CC: Kraig Westerbeek, Murphy -Brown, LLC Patrick Fussell, WiRO — DSWC Jason Turner, Pender County Soil and Water Conservation District Non -Discharge Compliance and Enforcement Unit DWQ Central Files Wilmington Files 71-72 o�o� warFRQc Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources O -K Alan W. Klimek, P.E. Director Division of Water Quality April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Donald Hall 4615 Hwy 133 Rocky Point NC 28457 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Ponderosa #71-72 Pender County Dear Sir or Madam: On March 10, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility - This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on May 11, 1998. In addition to this Notice of Violation (NOV), this non- compliance is subject to an appropriate enforcement action by DWQ. This action can -consist of one or more of the following: a civil or crirninal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Wilmington Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal ii �dE R Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #522-01-01 Raleigh, NC 27699-1617 An Equal Opportunity /Afmiative Action Employer 50% recycled/ 10% post -consumer paper h t tp✓/h2o. enr. state. na. us Inadequate Freeboard Page 2 Rainfall -records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A sdrinmary of actionnaken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Wilmington Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-2845 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Wilmington Regional Office Staff at (910) 395=3900. Sincerely, Alan W. Klimek, P.E. Director cc: Wilmington Regional Office Non -Discharge Compliance/Enforcement Unit Central Files If your Waste Utilization Plan has been developed based on site specific information, careful evaluation of future samples is necessary. Should your records show that the current Waste Utilization Plan is inaccurate you will need to have a new Waste Utilization Plan developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal)', nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per 15A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation shall be maintained between water supply wells and any lagoon or any wetted area of a spray field. 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, the Clean Water Act and 40 CFR 122.41 including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General- Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division 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 NPDES Permit by contacting the staff member listed below -for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. This facility is located in a county covered by our 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 Michelle Barnett at (919) 733-5083 ext. 544. Sincerely, for Alan W. Klimek, P.E. Enclosures (General Permit NCA200000, Record Keeping and Reporting Package) cc: (Certificate of Coverage only for all cc's) Pender County Health Department �"gto`n.R igional-6ffice, WateriQuality Section Pender County Soil and Water Conservation District Permit File NCA271072 Permit File AWS710072 NDPU Files O�O� WAT§ Michael F. Easley, Governor William G. Ross Jr., Secretary 7 North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.'E., Director Division of Water Quality � Y April 9, 2003 Donald Hall Ponderosa 4615 Hwy 133 Rocky Point NC 28457 Subject: Certificate of Coverage No- NCA271072 Ponderosa Swine Waste Collection, Treatment, Storage and Application System Pender County Dear Donald Hall: On March 14, 2003, the North Carolina Division of Water Quality (Division) issued an NPDES General Permit for swine facilities. The General Permit was issued to enable swine facilities in.North_Carolina to obtain coverage under a single permit that addresses both State and Federal requirements. In accordance with your application received on February 11, 2003, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Donald Hall, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with NPDES General Permit NCA200000. The issuance of this COC supercedes and ' terminates your COC Number AWS710072 to operate under State Non -Discharge Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Ponderosa, located in Pender County, with an animal capacity of no greater than an annual average of 3672 Feeder to Finish swine and the application to land as specified in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until July 1, 2007. 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. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to -the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. - Please carefully read this COC and the enclosed General Permit. Since this is a new joint State and Federal general permit it contains many new requirements in addition to most of the conditions contained in the current State general permit. Enclosed for your convenience is a package containing the new and revised forms used for record keeping and reporting. Please pay careful -attention to the record keg in and monitoring_ conditions in this permit. The Devices to Automatically StgR Irrigation Events Form must be returned to the Division of Water Quality _no later than 120 days following receipt of the Certificate of Coverage. The Animal Facility Annual Certification Form must be corn leted and returned - to the Division of Water Quality by no later than March ist of each year. AM Non-Discharge Permitting unit Internet http:l/h2o.enr.stale.nc.us/ndpu 1617 Mal Service Center, Raleigh, NC 27699-1617 Telephone (919) 733-5083 Fax (919)715-6048 Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper I WASTE UTILIZATION PLAN ---------------------- Owners name --:Donald Hall County:Pender Mail Address -:Rocky Point, NC 28457 Type of production unit ---- :Feed -Fin Number of animal units -----: 3672 Type of waste facility ------ :Anaerobic Lagoon Temporary storage period ---: 180 days Method of application ------ :Irrigation Amount of animal waste produced-----------------: 6977 tons/year Amount of plant available N produced by animals-: 8446 lbs./year Commercial N to apply on planned acreage -------- : 0 lbs./year Your animal waste utilization plan has been specifically developed for your swine operation. The plan is based on the soil types, crops to be grown, and method of application for your particular operation. The waste must be land applied at a specified rate to prevent pollution of surface and/or ground water. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle and annual soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste.and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates and leaching potential. Waste shall not be applied to land eroding at greater than 5 tons per acre per year. Do not apply waste on saturated soils or on land when the surface is frozen. Either of these conditions may result in runoff to surface waters. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or not more than 30 days prior to planting. Soil incorporation of waste will conserve nutrients and reduce odor problems. I` I, Page 2 The acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Annual acreage requirements may be more or less based on the waste analysis report for your waste management facility. YOUR WASTE UTILIZATION PLAN IS BASED ON THE FOLLOWING: Tract Field Soil Crop Yield Lbs. N Acres Lbs. N Month to No. No. Type Code /Acre /Unit Used Apply 7108 1 NoB K 0 100.00 980 S-APRIL 7108 1 NoB B 5.2 50.00 9.8 2548 MAR-OCT 7108 2 NoB K 0 100.00 490 S-APRIL 7108 2 NoB B 5.2 50.00 4.9 1274 MAR-OCT 7108 3 GoA K 0 100.00 280 S-APRIL 7108 3 GoA B 5.5 50.00 2.8 770 MAR-OCT 7108 6 NoB K 0 100.00 880 S-APRIL 7108 6 NoB B 5.2 50.00 8.8 2288 MAR-OCT Total 26.3 9510 Available Nitrogen (includes commercial) 8446 Surplus Or Deficit -1064 Crop codes: Crop -unit A=Barley-bu.� I=Oats-bu. B=Bermudagrass(graze)-tons J=Rye-bu. C=Bermudagrass(hay)-tons K=Small grain(graze)-acre D=Corn(grain)--bu. L=Small grain(hay)-acre E=Corn(silage)-tons M=Sorghum(grain)-cwt. F=Cotton-lbs. lint W=Wheat-bu. G=Fescue(graze)-tons Y=Fescue`(pasture)-tons H=Fescue(hay)-tons Z=Bermudagrass(pasture)-tons Acres to Overseed 9.8 4.9 2.8 8.8 26.3 r Page 3 If more commercial fertilizer is used than shown in this plan, then additional acres of land may be needed. A three to fifteen feet wide permanent grass filter strip should be seeded along all ditches in fields that receive animal waste. Additional comments: -------------------- mod_ .r, _ , � .ti, .�-; -----� --- --- j&-"- U4_ _-_�4__------- _-'----__ ---------------- ------ `------------------ Prepared by: Title: C.S. C. Date: Concurred in by: 2c�. > i Date: Producer I understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied on the land according.to this plan at the appropriate times and..at rates that no runoff occurs. Date :S"2 Producer Technical Specialist: fil r. L 04- f_xr _ Date: S•24-9S­ (Copy to producer and copy to case file) r 4, FA I —i 't. "f1r, yr;I PC j f V 1.31 P. "IN x IT 494. Ij er v bA 0- Of n j 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 September 14, 2000 Mr. Donald Hall Ponderosa 4615 Hwy 133 Rocky Point, NC 28457 4 • �F NCDENR, NORTH ,yAROLINA DER ARTMENT OF ENvFRONMENT AND NArURAL RF„SOLJRCES Subject: Inspection Report Ponderosa Facility Number: 71-72 Pender County Dear Mr. Hail: Please find enclosed a copy of the inspection report for the inspection conducted on July 14, 2000 at the referenced facility. If you have any questions concerning this matter, please do not hesitate to contact me at 910-395-3900 ext. 203. Sincerely, Stonewall Mathis Environmental Engineer enclosure -I ON - -; i I a% s:lwgslstoney171-721etter 127 North Cardinal Dr., Wilmington, North Carolina 2840-5 'Telephone 910-39-5-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper -- �►rrt-ion of bott and'Vi`ater.Conservation=_Operation-Review Divisioa al Soil and 'Water Conservation = Compliance Inspectton +� ={ Division_o iiaier Quality ;Xompliance Inspection _ f'^3 ,7x tSJr_ r p Other At�,�Operati on Re view ,r, �c�Jvti }4�r 7i x S 11y Slr= Y i"�A a YS ti z•- Routine '1f Complaint 0 Follow-up or DNVQ inspection 0 FolIow-up of DSW C review 0 Other Facility Number `7 t 7 z Date of Inspection Time of Inspection / SS 24 hr- (hh.mm) ❑ Permitted M Certified E3 Conditioaallr Certified ©Registered ❑ `at 0-p eraSonall Date Last Operate: Count%.: PC nr c ✓ Farm Name: ........ j Owner Name: ..... �� e j ��� ` Phone No: Facility Contact: _.:.__..... -:: .. Title: Mailinb Address: . Onsite Representative: ,..,,... Certified Operator: Location of Farm: Latitude =9 E::D` =` Design Cnrr Swine Capacity POTMa2aa ❑ Wean to Feeder I ❑ Feeder to Finish I L3 Farrow to Wean i ❑Farrow to Feeder )] Farrow to Finish ❑ Gilts n Boars I Phone No: Integ ator_ Y' t U!i h F-4 m, .S Operator Certification Number - Lnasitu;L� C• �}� C- Desgn Current Design C=-re= Poulos Capacity- Population Cattle Capacity PMME16rs �i tirr,�--,, I I _Non-DairyI ( I Total Desi!m Capai3n TOW SSLw Number of Lagoon Sabsurfacz Drams P,-mt P iaL-3= Ar= j Sprz4. Fed Holding Ponds / Solid Traps ( Ci No iaquid Ni'aaie _NSm=a_=cm=t System llisehar^es S Stream Imp —Acts 1. Is any discharge observed from any = o: 7&_- Discham-' ongina= a_� E: --zo II i E7 a. If dis-c.=-�- is - c zte_ =� 773ij: h. If dik:=?_- is :ate ffif h : -Wr= vi in-- _S:ate' ( :=s- »v DWQr ,Ci : eu; c. If disc±=.n� is v=' u , i� m-- e.- — fizw in d. Does :: WQi —, M- � `'_r: 2. Is there evidence of past disease-P L-=.. an! � Mt_- Dior:' r_, � 3. Were there as}• adverse irnpa_^ts e-�a:�-stti ,�v�� �a-�.i� c�� c � Saie c=,=-� f:= Lyaste Collection S Treatr1'en 4. Is storage capacity (frect)oard plus 81tr m'. s:xu�_ 51t+irtu:e I SLYur� , :r= n= 3S rt _tee - St~ tErr ?ti itr ire lrJctltitiLr: ! FCeeboarcl (E17C�Y`ti)' J 5. Are there any immediate thr=s w t:ir_- zitt^�:.t^ti :r ten. � 7ior �lY li: C: c�Fos� ate? i�� tz� �-�trt �asiacr. ZI {C& 3/23/99 e' 112ci <C ?iocaber l _7 -Z Date of Inspection 6.' Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify Doi Q) 7. Do any of the structures need maintenanttfunpro-mment? 8. Does any part of the waste management system other than waste structures require maimenancef mprovement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Anylication 10. Are there any buffers that need maintenanc_-�bmpmvement? 11. Is there evidence of over application? �'! E=--saiti'e Ponding ❑ PANT 12. Crop type %77 L7nn. D Yes D No D Yes ❑ No ❑ Yes .0 No ❑ Yes D No ❑ Yes C -No ❑ Yes C No 13. Do the receiving crops differ with those. desipattj in the Certified Animal R zs*,� l► �r:n�nt Plan (CAVG-_M?)-1 ❑ Yes [) No 14. a) Does the facility lack adequate acres -re for hm, mpplication? D Yes Ej NO b) Does the facility need a wettable a=,- -�A;-,Yin ion? ❑ Yes do c) This facility is pended for a wettable a_= a=_- ohnasion? [ Yes `o 15. Does the receiving crop need impro%mmeat 16. Is there a lack of adequate waste applicaiim eq&==O Required Records & Documents 17.• Fail to have Certificate of Coveraet cE i — i P=it readily available? 18. Does the facility fail to have all comport = of tb: C---dfmd Animal Wasm '-k I—,n - T?�.r roily (ie/ WUP, checklists, design, maps, e:c ) 19. Does record keeping need improveaboard, amste anah-sis & s3D stele :moors j 20- Is facility not in compliance with any zro-a=b1z Eck criteria in effer at tic :i=: 6=5=? 21. Did the facility fail to have a actively ram, :wr=mmr in charge? 22. Fail to notify regional DWQ of etn=-_= r gas r=Tuised by CTese_•al Pam' (ie/ discharge, freeboard problems, ovc ate) 23. Did Reviewer/Inspector fail to on -site - �? 24. Does facility require a follow-up visit ins= a�? 25_ Were any additional problems noted u liancr of the C-_ - _1 Ate' 0" * yiblhtiOfis of deficit>n6es -1 c -vu­ae psi further"-;- •coriespt den' &abbikthis:-:-:-.-:-:-:-::-:-:-:-:-_-:-.-:-_- :- :-:-:-:::- :- - - R ... —� - T_-�- te_ nis`°(aefer;to=queslion#): Ez » sa dluraayreenu �v ngs of iaciiity to he#tei expla ti _ -3ddiiiobalgags is i ❑ Yes �t Na D Yes D NO iD Yes t rr Na L Yes `I Nc Dyes =i Nc. D± Yes 0 N-0 D Yes 7_7 Nc D! Yes C Nc. Dt Yes r Na DYE N-C D Yes C NO e c CZ G �:G ,e, 7", �,Jrn S f n K DIY T C �s� r` f ♦ 1 S�e[110'~ Reviewer/Impector Name i!, Reviewer/Inspector Signature: , f Y Date- 7Z- SEPTEMBER G, 2000 RAILEY E. WILLIAMS 2225 FENNELL TOWN RD. ROCKY PT., NC 28457-7903 EDITOR BOX 840 WILMINGTON, NC 28402-0840 DEAR EDITOR: RECEIVED SEP 0 7 2000 BY: ON JULY 14, 2000 I REPORTED TO THE STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES THAT HOG FILTH WAS BEING SPRAYED INTO THE WOODS BY ONE OF WENDELL MURPHY'S "HOG SITTERS" AND THAT THE FILTH WAS DRAINING INTO A NEARBY STREAM. I REPORTED TO THAT AGENCY THAT THERE WERE FOUR EYEWITNESSES TO THE INCIDENT. BY LETTER DATED AUGUST 24, 2000 THAT AGENCY ADVISED ME THAT "THERE WAS NO EVIDENCE" OF ANY SUCH INCIDENT. ENCLOSED ARE PHOTOGRAPHS TAKEN OF THE INCIDENT. THAT AGENCY INTERVIEWED NOT ONE OF THE FOUR WITNESSES. IT DID NOT EVEN CONTACT ME, THE COMPLAINANT, AND IT TOOK NO FOLIAR, SOIL OR WATER SAMPLES. I SUBMIT THAT "THERE WAS EVIDENCE" AND THE ENVIRONMENTAL AGENCY CHOSE TO IGNORE SOME OF IT AND ALLOWED THE REMAINDER TO SELF DESTRUCT. COULD IT HAVE ALL BEEN BY DESIGN? WITH WARM REGARDS, RAILEY E. WILLIAMS ENCLOSURES C.C. rMR_RICK SHIVER MR. DONAL H. HALL MR. WENDELL H. MURPHY MR. RICHARD THOMAS MR. MIKE EASLEY �i� PRICE POWER 1908 Castle Hayrm Road Wilmington, North Carolina 26401 (910) 343-1400 (910) 617-1440 p im "Mug) AQGEST 25,2000 TO WHOM IT MAY CONCERN: IN REFERENCE TO OUR CUSTOMER, DON HALL, WE WERE WORKING ON HIS IRRIGATION REEL AG RAIN MODEL T-30 ON OR ABOUT JULY,I4,2000 TO FIX HIS LEVELWIND ASSEMBLY. IN DOING THIS WE HAD TO PULL THE HOSE OUT COMPLETELY TO THE END IN ORDER TO RE -TIME THE MACHINE. SIN R LY, FLOYD PRICE-LRICEER '4 - 71r01V .Sf li vtA TO'd EGGS 6SZ 076 '03 31t'S310HM -11VH Wd b9= E0 060Z-GZ-9n * * * COMMUNICATION RESULT REPORT ( AUG.24.2000 i1:11AM ) P. 1 FILE HODE -3_':� MEMORY TX OPTION ------------------------------------------ REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER fac'%'Iml e TRANS M ITTA L to: BRIAN FEGAN Tax #; • 910-343-2227 to., PONDEROSA FARM date; August 24, 2000 pages: 3, including this cover sheet. ADDRESS (GROUP) 9-3432227 E-2) BUSY E-4) NO FACSIMILE CONNECTION WIRO PAGE P. 3/3 facsimile TRANS M I TTA L to: BRIAN FEGAN fax M 910-343-2227 re: PONDEROSA FARM date: August 24, 2000 pages: 3, including this cover sheet. From the desk of... Beverly Rivenbark Admin Assistant NCDENR 127 Cardinal Drive Ext. Wilmington, NC 28405 910-395-3900 Fax: 910-350-2004 State of North Carolina Department of Environment and Natural Resources Wilmington; Regional Office NCDER�R James B. Hunt, Jr., Governor 7� N NORTFI CAFiOLINA DEP/37TMENT OF Bill Holman, Secretary ENVIRONMET AND NATURAL RESOURCES August 24, 2000 CERTIFIED MAIL #7000 0600 0023 4229 %33 RETURN RECEIPT REQUESTED Mr. Railey E. Williams 2225 Fennell Town Road Rocky Point, NC 28457 Subject: Response to Your Letter Dated August 16, 2000 Complaint Investigation Ponderosa Farm owned by Donald Hall Facility No. 71-72 Pender County Dear Mr. Williams: Thank you for sending me a copy of the letter dated August 16, 2000 that you sent Mr. Mike Easley. In it, you expressed concerns about the way in which Water Quality- Staff with the Wilmington Regional Office responded to your complaint about animal waste being sprayed into the woods at the Ponderosa Farm on July 14, 2000. As you know, I have talked with the investigator about this incident and discovered that our inspection report was misdated when it was entered into our computerized system.- So the uncorrected report certainly suggests that there was a ten-day delay in responding to your complaint. In fact, we know from our field notes that your complaint was inspected on July 14, 2000, the same day on which you made the complaint. Staff arrived at the site sometime between four and five p.m. and investigated both the,sprayfields and woods adjacent to the sprayfields. There was no evidence of wastewater ponding in the sprayfields, there was no evidence of wastewater running off the sprayfields, and there was no evidence of wastewater in the woods adjacent to the sprayfields. However, Staff did find that a spray gun had been pulled close to the woods and questioned why, so Staff spoke with Mr. Donald Hall by telephone on July 17, 2000, and Mr. Hall explained that the spray gun had malfunctioned and he had pulled the spray gun "out" to make repairs. We have requested copies of the receipts for the parts that he purchased to make these repairs. I agree that we failed to follow our protocol to call you or write you about the results of our investigations, and for that, I apologize. This mistake is an opportunity for improvement, and I have met with the Animal Waste Staff and made it clear that we are to let our clients know the results of our investigations immediately by telephone and, later, by letter. You are also right to point out the importance of contacting the person who makes the complaint and get further details about it, including visiting the impacted area whenever appropriate. 127 Cardinal Drive Ext, Wilmington, North Carolina 28405 Telephone 910-395 3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper i"' ' i Page 2 Mr. Railey E. Williams Again, I am sorry that we did not contact you about the results of our investigation, and you have my assurance that I will strive to make sure that it does not happen again. Sincerely, Rick Shiver Water Quality Regional Supervisor CC' Mr. Mike Easley Ms. Coleen Sullins Mr. Donald Hall Mr. Garth Boyd Murphy Farms Mr-Hriana Eegans=(sent_by ax�� Mr. Harry Lewis-Pender County Health Dept. WiRo 127 Cardinal Drive Ext., Wilmington, North Carolina 2R405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper I State of North Carolina Department of Environment. • and Natural Resources — ;Lf Wilmington Regional Office NC D E N R James B. HJr., Governor /�N,V��� N4RTrt �.unt, UNq DEPARTMENT OF Bill Holman, Secretary ENViRoNMENT AND NATURAL RFSOL7RCES August 24, 2000 CERTHgEED MAIL #7000 0600 0023 4229 9633 RETURN RECEIPT REQUESTED Mr. Railey E. Williams 2225 Fennell Town Road Rocky Point, NC 28457 Subject: Response to Your Letter Dated August 16, 2000 Complaint Investigation Ponderosa Farm owned by Donald Hall Facility No_ 71-72 Pender County Dear Mr. Williams: Thank you for sending me a copy of the letter dated August 16, 2000 that you sent Mr. Mike Easley. In it, you expressed concerns about the way in which Water Quality Staff with the Wilmington Regional Office responded to your complaint about animal waste being sprayed into the woods at the Ponderosa Farm on July 14, 2000. As you know, I have talked with the investigator about this incident and discovered that our inspection report was misdated when it was entered into our computerized system. So the uncorrected report certainly suggests that there was a ten-day delay in responding to your complaint. In fact, we know from our field notes that your complaint was inspected on July 14, 2000, the same day on which you made the complaint. Staff arrived at the site sometime between four and five p.m. and investigated both the sprayfields and woods adjacent to the sprayfields. There was no evidence of wastewater ponding in the sprayfields, there was no evidence of wastewater running off the sprayfields, and there was no evidence of wastewater in the woods adjacent to the sprayfields. However, Staff did find that a spray gun had been pulled close to the woods and questioned why, so Staff spoke with Mr. Donald Hall by telephone on July 17, 2000, and Mr. Hall explained that the spray gun had malfunctioned, and he had pulled the spray gun "out" to make repairs. We have requested copies of the receipts for the parts that he purchased to make these repairs. I agree that we failed to follow our protocol to call you or write you about the results of our investigations, and for that, I apologize. This mistake is an opportunity for improvement, and I have met with the Animal Waste Staff and made it clear that we are to let our clients know the results of our investigations immediately by telephone and, later, by letter. You are also right to point out the importance of contacting the person who makes the complaint and get further details about it, including visiting the impacted area whenever appropriate. 127 Cardinal Drive Ext., Wilmington, Forth Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper 0 m m f r. ru ruPostage ru -J- Certified Fee M Retum Receipt Fee ru (Endorsement Required) O Restricted Delivery Fee G (Endorsement Required) EM Total Postage & Fees i M a Name (Please cl , G Stieat, Apt No.; or PO fJ d � -----f crry, S1 . ZlP+4 i /e- k Page 2 Mr. Railey E. Williams Again, I am sorry that we did not contact you about the results of our investigation, and you have my assurance that I will strive to make sure that it does not happen again. Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Mr. Mike Easley Ms. Coleen Sullins W. Donald Hall Mr. Garth Boyd -Murphy Farms Mr. Brian Fegans (sent by fax) Mr. Harry Lewis-Pender County Health Dept. 4rdba 127 Cardinal Drive Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper I AUGUST 16, 2000 RAILEY E. WILLIAMS 2225 FENNELL TOWN RD. ROCKY PT., NC 28457-7903 MICHAEL F. EASLEY P.O. BOX 629 RALEIGH, NC 27602 DEAR MR. EASLEY: I AUG 17 2000 By. I HAVE CONCLUDED THAT THE WILMINGTON OFFICE OF THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL HEALTH AND NATURAL RESOURCES IS EITHER UNABLE OR UNWILLING, OR BOTH, TO EFFECT COMPLIANCE BY WENDELL H. MURPHY/DONALD H. HALL WITH THE APPLICABLE LAWS AS THEY APPLY TO MURPHY'S/HALL'S SO CALLED "PONDEROSA" HOG OPERATION. ON FRIDAY, JULY 14, 2000 I AND THREE OTHER PEOPLE WITNESSED HOG FILTH BEING SPRAYED INTO THE WOODS AT THIS SITE. THIS FILTH WAS DRAINING INTO A NEARBY STREAM. I REPORTED THE INCIDENT BY TELEPHONE TO ENVIRONMENTAL HEALTH ABOUT 12:30 P.M. THAT SAME DAY AND WAITED MORE THAN THREE WEEKS TO HEAR BACK FROM THAT OFFICE. WHEN ON MONDAY, AUGUST 7, 2000 I HAD HEARD NOTHING I TELEPHONED AND LEFT WORD ON MR. RICK SHIVER'S VOICE MAIL THAT I WISHED TO BE NOTIFIED. WHEN ON FRIDAY, AUGUST 11, 2000 I STILL HAD HEARD NOTHING I ONCE AGAIN TELEPHONED AND ONCE AGAIN LEFT WORD ON MR. SHIVER'S VOICE MAIL THAT I STILL WISHED TO BE NOTIFIED. LATER THAT DAY MR. SHIVER TELEPHONED ME AND BEGAN THE CONVERSATION WITH AN APOLOGY (APOLOGIES SEEM TO FLOW FREELY FROM THAT OFFICE. SEE ATTACHED.) OUR TELEPHONE CONVERSATION (S) THEN DETERIORATED RAPIDLY. MR. SHIVER EXPLAINED THAT HIS OFFICE MAKES "SAME DAY" INSPECTIONS IN RESPONSE TO COMPLAINTS AND THAT THE INSPECTOR'S REPORT INDICATED THAT MY COMPLAINT WAS NOT SUBSTANTIATED. HE ADMITTED THAT NO FOLIAR, WATER OR SOIL r SAMPLES WERE TAKEN. THE FOUR EYEWITNESSES WERE NOT INTERVIEWED. HE CONCEDED, HOWEVER, THAT THE SPRAY GUNS WERE FOUND TO BE POSITIONED "CLOSE TO" THE WOODS, BUT THAT HALL CLAIMED TO HAVE "PULLED THEM OUT IN ORDER TO WORK ON THEM." HE ALSO STATED THAT THE INSPECTION WAS CONDUCTED NOT ON FRIDAY, BUT THE FOLLOWING MONDAY. THIS MURPHY/HALL OPERATION WAS A "BARELY -GET -BY" OPERATION IN THE BEGINNING AND SINCE THEN THERE HAVE BEEN NO BETTER DAYS. THERE HAVE, HOWEVER, BEEN MANY WORSE ONES. MR. HALL'S REPUTATION PRECEEDED HIM. INDEED, I WAS FOREWARNED. AND MR. MURPHY NEVER DISPLAYED ANY CONCERN. NOW, SMITHFIELD BEHAVES NO DIFFERENTLY. ACCORDINGLY, I RESPECTFULLY ASK THAT YOUR OFFICE INVESTIGATE MY COMPLAINT. WITH WARM REGARDS: RAILEY E. WILLIAMS ENCLOSURE C.C. MIL' RICKSHIVER-' MR. DONALD H. HALL MR. WENDELL H. MURPHY WILMINGTON STAR NEWS G r i a n MR. RICHARD THOMAS k`ia rk`Y MR. ROBERT F. KENNEDY, JR. V30Y d- �=.Qa� � hS Cfo-x-f--d_ -COO,` ) State of North Cal Department of En and Natural Resoi O C T 112009 James B. Hunt, Jr., Governo Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Donald Hall Ponderosa 4615 Hwy 133 Rocky Point NC 28457 Dear Donald Hall: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 2, 2000 Subject: Notification for Wettable Acre Determination Animal Waste Management System Ponderosa Facility Number 71-72 Pender County A Ietter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only the acres that are wetted can be credited in the waste management plan as receiving waste application. Any acreage within the plan that can not be reached by waste application equipment can not be used as part of your plan. An evaluation by Dean Hunkele on 3/11/99 was made to review the actual number of acres at your facility that receive animal waste during land application. The evaluation of your facility has yielded one of the following two results as indicated by the box marked with an "X". Category 1: ❑ The evaluation of your facility could not be completed due to a lack of information. Please contact your Technical Specialist to assist in providing Dean Hunkele the necessary information to potentially exempt your facility from undergoing a complete wettable acre determination. Please submit this information to Dean Hunkele, at 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within in 90 days of the receipt of this letter. If you have any questions please contact Dean Hunkele at (910) 395-3900. If within 90 days you are unable to provide Dean Hunkele with the information you are automatically required to complete a Wettable Acre Determination as described by Category 2 below, within 180 days of receipt of this letter. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-7I5-6048 An Equal Opportunity Affirmative Action Employer 50%a recycled/10% post -consumer paper Notification for Wettable Acre Determination — Animal Waste Management System— Page 2 _ Category 2: Your facility has been identified by the Department of Environment and Natural Resources as a facility that may have overestimated the -number of acres actually receiving animal waste. Therefore, some or all of your fields may be exceeding the allowable loading rates set in your Certified Animal Waste Management Plan. In order to resolve this issue, please contact a designated Technical Specialist to have him or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must be one that has been approved by the Soil and Water Conservation Commission to conduct Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension Service, the Soil and Water Conservation Districts, the Natural Resources Conservation Service, and the Division of Soil and Water Conservation have received this special designation. You may also contact a private Technical Specialist who has received this designation, or a Professional Engineer. All needed modifications to your Animal Waste Management System must be made and the Wettable Acres Determination Certification must be returned to DWQ within the next 180 days. If the needed modifications are not made and if the form is not returned within the required time, DWQ will be forced to take appropriate enforcement actions to bring this facility into compliance. These actions may include civil penalty assessments, permit revocation; and/or injunctive relief. Once a Wettable Acre Determination has been completed, a copy of the attached Wettable Acre Determination Certification must be submitted to the address listed on the form. Please note that both the owner and the Technical Specialist must sign the certification. A copy of all the Wettable Acre Determination documentation that applies to your Waste Utilization Plan must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will review all documentation during their annual visit of your facility. An additional copy must by kept on file at the local Soil & Water Conservation District Office. Please note that if you install or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer must also sign the Wettable Acre Determination Certification. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirem[.4en_ _ . If you have any questions regarding this setter, please do not hesitate to contact Sonya Avant of our Central Office staff at (919) 733-5083 ext- 571. Sincerely, , Z!iz N-sz� Kerr T. Stevens M. Wilmington Regional Office Pender County Soil and Water Conservation District Facility File FEB-19-2000 11:23 AM HALL WHOLESALE CO. 910 259 5553 P. 0-5 February 19, 2000 Mr, Dean Hunkele, Inspector NCDENR 127 North Cardinal Drive Wilmington, INC 28405 (Re:=Facility_#=71-31----� Dear Mr. Hunkele: As you are aware this facility has 2 lagoons. One lagoon is 2 Inches higher than the required 19 inches (17 inches) while the other lagoon is below the 19-inch level. To achieve the necessary 19 inches of freeboard within 30 days (on the 1 lagoon) I will pump as the weather and soil permits on 40 acres of small grain. My latest lagoon sample shows -that -the nitrogen level is at only 1.2, therefore I will not have a problel i6 exceeding the PAN. I will keep you informed on a weekly basis of the lagoon level. I anticipate that the level will be in the acceptable range well within the time frame. If you have any questions, please contact me at 675-0473. Sincerely, Donald H. Hall 4615 HWY 133 Rocky Point, NC 28457 FER-19-2000 11:23 AM HALL WHOLESALE CO. 910 259 5553 P.02 February 19, 2000 Mr. Dean Hunkele, Inspector NCDENR 127 North Cardinal Drive Wilmington, NC 28405 Re: -Facility_# 7_1-�72 Dear Mr, Hunkele: The above facility has 16 inches of freeboard. To achieve the necessary 19 inches of freeboard within 301 will pump as the weather and soil permits on 23 acres of small grain. My latest lagoon sample shows that the nitrogen level is at only .96, therefore I will not have a problem with exceeding the PAN. I will keep you informed on a weekly basis of the lagoon level. I anticipate that the level will be in the acceptable range well within the time frame. If you have any questions, please contact me at 675-0473 Sincerely, &'aa d&e-t Donald H. Hall 4615 HV4Y 133 Rocky Point, NC 28457 April 24, 2000 Mr. Rick Shiver Regional Water Quality Supervisor DENR 127 North Cardinal Drive Wilmington, NC 28405 Re: Ponderosa VIA FACSIMILIE and Regular Mail Facility Number: 71-72 Dear Mr. Shiver: This letter is in response to your letter dated April 6. That letter notified me that I was in violation of Animal Waste Permit AWS 710072 because on February 17tj', 2000 it was discovered by Mr. Dean Hunkele that the freeboard level in one of my lagoons was not in compliance at 16 inches and that I had failed to notify the Division. The letter further states that I should have contacted DWQ within 24 hours as required by Section III. Section Ill, 6e states — uFailure to maintain adequate storage capacity in a lagoon or storage pond that poses an immediate threat to the environment." I was apparently under the incorrect impression that this meant that I was to call DWQ when the level was below 12 inches. As a result of Hurricane Floyd the level had reached below 12 inches and I reported that information immediately. On February 17"' when Mr. Hunkele visited my farm he asked me what my level was and I advised him it was 16 inches in one of the two lagoons. At that time he advised me that I should have called this in and he provided me with a copy of a notice that provided a High Freeboard Policy with an effective date of 1-31-2000. That policy advised that a Plan of Action was to be submitted within 48 hours (Scenario B) of a lagoon being between 12 and 19 inches. Mr. Hunkele advised that I should submit a letter (a plan) and that there would be no further action taken as a result of the lagoon level as long as I submitted the letter and followed through with getting the freeboard level to 19 inches and reported my progress weekly. Mr. Rick Shiver April 24, 2000 Page 2 On February 19t' I submitted the letter as he advised and on February 25�h called Mr. Hunkele to advise that the freeboard level was now 19 inches and that it would be below the required 19 inches by the end of the next day. He advised that if that occurred that an additional report was not necessary. I would only like to say that at no time have I intentionally not notified DWQ of my freeboard levels. I cooperated fully with Mr. Hunkele on his visit to my farm (in fact he did not get out of his car to even view the lagoon level) and followed the instructions he provided me. I hope that you can somewhat understand the confusion on my part regarding the difference in a required phone call as a result of an immediate threat as outlined in Section III and the new rules of submitting a plan of action. Now that I have a full understanding of the new rules I can assure you that in the future your office will be contacted immediately by phone if my freeboard level reaches 19 inches. As to this oversight on my part for this incidence I can only say, "My hat is in my hand". Sincerely, Donald H. Hall 4615 HWY 133 Rocky Point, NC 28457 cc: Mr. Steve Lewis, DWQ Central Compliance Group APR-24-2000 07:59 AM HALL WHOLESALE CO. 920 259 555Z P.94 April 24, 2000 Mr. Rick Shiver Regional Water Quality Supervisor DENR 127 North Cardinal Drive Wilmington, NC 28405 Re: Ponderosa Facility Number: 71-72 Dear Mr. Shiver: )aA FACSIMILIC and Regular MaIJ This letter is In response to your letter dated April 6. That letter notified me that I was in violation of Animal Waste Permit AWS 710072 because on February Ir. 2000 it was discovered by Mr. Dean Hunkele that the freeboard level in one of my lagoons was not in compliance at 16 inches and that I had failed to notify the Division. The letter further states that I should have contacted DWQ within 24 hours as required by Section Ill. Section Ill, 6e states — "Failure to maintain adequate storage capacity in a lagoon or storage pond that poses an immediate threat to the environment.' ! was apparently under the incorrect impression that this meant that I was to call DWQ when the level was below 12 inches. As a result of Hurricane Floyd the level had reached below 12 inches and I reported that it fonnatlon immediately. On February 17"' when Mr. Hunkele visited my farm he asked me what my level was and I advised him it was 16 inches in one of the two lagoons. At that time he advised me that I should have called this in and he provided me with a copy of a notice that provided a High Freeboard Policy with an effective date of 1-31-2000. That policy advised that a Plan of Action was to be submitted within 46 hours (Scenario B) of a lagoon being between 12 and 19 inches. Mr. Hunkele advised that I should submit a letter (a plan) and that there would be no further action taken as a result of the lagoon level as long as I submitted the letter and followed through with getting the freeboard level to 19 inches and reported my progress weekly. N APR-24-2000 08:00 AM HALL WHOLESALE CO. 910 259 5553 P.05 Mr. Rick Shiver Apri 124, 2000 Page 2 On February 1 SP I submitted the letter as he advised and on February 2e I called Mr. Hunkele to advise that the freeboard level was now 19 inches and that A would be below the required 19 inches by the end of the next day. He advised that if that occurred that an additional report was not necessary. I would only like to say that at no time have I intentionally not notified DWQ of my freeboard levels. I cooperated fully with Mr. Hunkele on his visit to my farm (in fact he did not get out of his car to even view the lagoon level) and followed the instructions he provided me. I hope that you can somewhat understand the confusion on my part regarding the difference in a required phone call as a result of an immediate threat as outlined in Section III and the new rules of submitting a plan of action. Now that I have a full understanding of the new rules I can assure you that in the future your office will be contacted immediately by phone if my freeboard level reaches 19 inches. As to this oversight on my part for this incidence I can only say, "My hat is in my hand'. Sincerely, Donald H. Hall 4615 HWY 133 Rocky Point, NC 28457 cc: Mr. Steve Lewls, DWO Central Compliance Group State of North Carolina Department of Environment and Natural Resources • Wilmington Regional Office James B. Hunt, Jr., Governor NCDEN Bill Holman, Secretary Kerr T. Stevens, Director NORTH CAROUNA DEPARTMENT OF EtwmoNMENT AND NATURAL REsOURGEs Division of Water Quality April 6, 2000 CERTIFIED MAIL # P 328 829 371 RETURN RECEIPT REQUESTED Mr. Donald Hall Ponderosa 4615 NC Hwy 133 Rocky Point, NC 28457 Subject: Notice of Violation & Intention to Enforce Ponderosa Facility Number: 71-72 Pender County Dear Mr. Hall: This is to notify Mr. Donald Hall, who holds a non -discharge permit for an animal waste disposal system pursuantto 15A NCAC 2H .0200 and North Carolina G.S. 143.215.1, of a violation of Animal Waste Permit AWS 710072. On February 17, 2a00, it was discovered by Mr. Dean Hunkele that the freeboard level in your lagoon was not in compliance at 16 inches and you failed to notify the Division of Water Quality(DWQ). This is a violation of Part 111. Section 6e ofAWS710072. Therefore, this notice is being sent in accordance with DWQ's high freeboard policy. You should have submitted a Plan of Action to obtain compliance within a stipulated time frame depending on your lagoon level. The following procedure is to be implemented whenever the freeboard level in any lagoon is not in compliance: 1. Notify DWQ Wilmington Regional Office within 24 hours as required by Section Ill. Monitoring & Reporting Requirements. Part 6e. Regional Notification. 2. Submit appropriate Plan of Action documents obtained from DWQ, Soil & Water district office, or Service Company 3. Provide DWQ Regional Office with weekly updates 4. Notify DWQ Regional Office when compliance is attained. 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recyded/10% post -consumer paper f s /etro��i .P 328 829 371 k, a Receipt for Certified Mail r. No Insurance Coverage Provided Do not use for International Mail (See Reverse) S/`%/' • lfOstR Alf r.s.set and No: C i✓�j P andd 71P Code alit Postage $ ' -33 7 Certified Fee O Spacial Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered �` n f� C M Return Receipt Showing to Whom, Dale. and Addressoe's Address TOTAL Postage & Foos 1N ` �7 J Postmark of Date` APR E ' a` U. 2 Mr. Donald Hall April 6, 2000 Page 2 It is highly recommended that this facility: 1) explores and initiates measures to conserve fresh water usage and 2) make any necessary changes to the waste management system and/or waste utilization plan to help maintain appropriate lagoon levels. The Division of Water Quality may pursue additional actions including civil penalties, injunctive relief, or revocation of your Animal Waste Permit AWS 710072 for future incidents. If you would like to express why you feel that the Director should not assess a civil penalty, then submit a detailed explanation for this violation within 15 days of your receipt of this notice. Be sure to include all pertinent records showing that the waste management system has been properly operated. A copy should be sent to this office and our Central office in Raleigh at the address below. Mr. Steve Lewis NC DENR Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 If you have any questions concerning this matter please do not hesitate to contact either Mr. Stonewall Mathis, Mr. Dean Hunkele, or myself at (910) 395-3900. Sincerely, Rick Shiver Regional Water Quality Supervisor cc: Jason Turner, Pendirr County Soil and Water Conservation Kraig Westerbeek, Murphy Family Farms Steve Lewis, DWQ Central Office Compliance Group DWQ Non -Discharge Operations Branch File .DWQ Wilmington Animal Files 71-72 S:IWQSIANIMALSIPENDER12000171-72 Ponderosa NOV&ITE.wpd State of North Carolina Department of Environme and Natural Resources RE''%---'W' EFV1E Division of Water Quality APR 2 4 2000 James B. Hunt, Jr., Governor Holman, Secretary BY - Bill' Kerr T. Stevens, Director MR. DON HALL 4615 HIGHWAY 133 ROCKY POINT, NC 28457 Dear Mr. Hall: NCDENR' NORTH CAROUNA DEaARTMENT OF ENVIRONMENT AND NIQuRAL REsouRCEs April 14, 2000 e7I--. I -�, ?/-7Z RE: Freeboard Reporting Thanks for your call today. According to Division of Water Quality records kept during Hurricane Floyd, on September 17, 1999, you reported freeboard levels of 6 inches in the lagoons at Hall 1 and 2 and the Ponderosa Farm. Sincerely, Steven C. Lewis cc: Rick Shiver, WIRO Regional Supervisor Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-0I An Equal Opportunity /Affirmative Action Employer 50% recycled / 10% post -consumer paper h ttp:11h2o. enr. state. nc. us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 I State of North Carolina Department of EnvironmentIT and Natural Resources ` • Wilmington Regional Office James B. Hunt, Jr., Governor NCDENP* Bill Holman, Secretary Kerr T. Stevens, Director NORTH C^RouNA DEFARrMENT oR ENVIRONMENT AND NAruRAe_ REsouRGEs Division of Water Quality April 6, 2000 CERTIFIED MAIL. # P 328 829 371 RETURN RECEIPT REQUESTED Mr. Donald Hall Ponderosa 4615 NC Hwy 133 Rocky Point, NC 28457 Subject: Notice of Violation & Intention to Enforce Ponderosa Facility Number. 71-72 Pender County Dear Mr. Hall: This is to notify Mr. Donald Hall, who holds a non4scharge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0200 and North Carolina G.S.143.215.1. of a violation of Animal Waste Permit AWS 710072, On February 17, 2000, it was discovered by Mr. Dean Hunkele that the freeboard level in your lagoon was not in compliance at 16 inches and you failed to notify the Division of Water Quality(DWQ). This is a violation of Part 111. Section 6e of A WS710072. Therefore, this notice is being sent in accordance with DWQ's high freeboard policy. You should have submitted a Plan of Action to obtain compliance within a stipulated time frame depending on your lagoon level. The following procedure is to be implemented whenever the freeboard level in any lagoon is not in compliance: 1. Notify DWQ Wilmington Regional Office within 24 hours as required by Section III. Monitoring & Reporting Requirements. Part 6e. Regional Notification. 2. Submit appropriate Plan of Action documents obtained from DWQ, Soil & Water district office, or Service Company 3. Provide DWQ Regional Office with weekly updates 4. Notify DWQ Regional Office when compliance is attained. 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper I Mr. Donald Hall ' April 6, 2000 Page 2 It is highly recommended that this facility: 1) explores and initiates measures to conserve fresh water usage and 2) make any necessary changes to the waste management system and/or waste utilization plan to help maintain appropriate lagoon levels. The Division of Water Quality may pursue additional actions including civil penalties, injunctive relief, or revocation of your Animal Waste Permit AWS 710072 for future incidents. If you would like to express why you feel that the Director should not assess a civil penalty, then submit a detailed explanation for this violation within 15 days of your receipt of this notice. Be sure to include all pertinent records showing that the waste management system has been properly operated. A copy should be sent to this office and our Central office in Raleigh at the address below. Mr. Steve Lewis NC DENR Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 If you have any questions concerning this matter please do not hesitate to contact either Mr. -Stonewall Mathis,;Mr. Dean Hunkele, or myself at (910) 395-3900. Sincerely, Rick Shiver Regional Water Quality Supervisor cc: Jason Turner, Pender County Soil and Water Conservation Kraig Westerbeek, Murphy Family Farms Steve Lewis, DWQ Central Office Compliance Group DWQ Non -Discharge Operations Branch File DWQ Wilmington Animal Files 71-72 S:1WQSIANIMALSIPENDER12000171-72 Ponderosa NOV&ITE.wpd State of North Carolina Department of Environment IkTZMW;V'A and Natural Resources �0 Division of Water Quality REC IV 1 James B. Hunt, Jr., Goverric r JAN 0 3 2000 Bill Holman, Secretary BY: Kerr T. Stevens, Director ] NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 Donald Hall. Ponderosa - 4615 Hwy 133 Rocky Point NC 28457 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 71-72 Pender County Dear Donald Hall: This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY1, DRY2, DRY3, SLUR1, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State _Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. cc: Wilmington Regional Office Pender County Soil and Water Conservation District Facility File ZA � Kerr T. Stevens, Director Division of Water Quality Sincerely, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recyded/10% post -consumer paper April 7, 1999 Mr. Dean A. Hunkele Environmental Specialist NCDENR Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 Re: Notice of Deficiency Ponderosa_Farm Facility Number: 71-72 Pender County Dear Mr. Hunkele: This letter is in response to your letter dated March 23, 1999 and received on March 25. 1 will address each numbered item in your letter. Please be assured that it is my aim to correct all noted items that you have brought to my attention in a timely manner. I am working with Mary Jane Osborne of Enviro Ag Compliance and Jason Turner of the Soil and Water office to ensure compliance. 1 _ As mentioned above, I have employed Mary Jane Osborne of Enviro Ag Compliance to assist me in making sure that I have all required documents on site and to ensure that soil analysis is conducted once a year for all fields and that waste analysis is conducted within 60 days of all waste application. 2. 1 have contacted Jason Turner of the Soil and Water office for assistance in revising the waste plan to reflect no grazing with appropriate application windows and rates. 3. As mentioned in item 1, 1 have now employed Mary Jane Osborne of Enviro Ag Compliance to be my 3`d party record keeper. I think that her expertise will help to ensure that records are kept in compliance. I was not aware of the requirement to keep the IRR-1 form with records as a result of keeping records on the computer_ However, I will comply with this since you have indicated it is a requirement. Dean A. Hunkele April 7, 1999 Page 2 Thank you for the detailed information regarding the options that are available for showing agronomic application rates. In conjunction with updating my plan and working with my new 3`d party record keeper we have decided to proceed with Option 1. 4. 1 have hired Guyton Landscaping to level the slope of the wall. Immediately upon that being completed grass vegetation will be established. If further information is needed, please contact me. Sincerely, �0 Donald H. Hall Ponderosa Farm 4615 H WY 133 Rocky Point, NC 26457 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Certified Mail # Z 418 221 351 Return Receipt Requested Mr. Donald Hall Ponderosa Farm 4615 NC Hwy 133 Rocky Point, NC 28457 Dear Mr.Hall: NCDENR NORTH CAROL,INA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 23, 1999 Subject: NOTICE OF DEFICIENCY Ponderosa Farm Facility Number. 71-72 Pender County On March 11, 1999, I inspected your animal operation and the lagoon serving this facility. It was observed that a number of items need to addressed as described below. No farm records or information were on -site with the exception of irrigation records. Permitted facilities are required to maintain such records on -site at all times. These include a copy of the General Permit and farm certification, at least a complete year of irrigation records, a copy of the certified waste plan(s) covering the irrigation records, soil and waste analyses, lagoon designs, odor control/mortality/pest control checklists, a map of the facility including all spray fields, operation and maintenance plan, an emergency action plan, weekly freeboard records. These items need to be placed in the farm records immediately. Soil analysis needs to be conducted once a year for all fields in waste plan. Lime must be applied to fields when 1.0 ton/ac or more is required. Waste analysis must be kept up to date with a report required within 60 days of all waste application. 2. The waste plan obtained from the District states that farm is being grazed, however this is not occurring. Waste plan will need to be revised to reflect no grazing with appropriate application windows and rates. The PAN for the small grain overseed must be reduced to 127 Cardinal Drive Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper I ----- - -- - iJ I Z 418 221 351 � US Postal Service ! Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intematiopal Mail (See reverse) Sent � .33 NPostage 1 Certlied Fee f 5~D Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to i Whom & Date Dal' — Remm Roo* 96tv to Date, b AfteWs ess � 2 0 TOTAL Po age00 0) Postmark o E L ,0 0 tl Donald Hall March 23, 1999 Page 2 50 lb1ac or use the "new" 100 lblac option with stipulations from NC State Univ. shown in plan. 3. Irrigation records kept by third party are not being kept correctly. Using a third party is acceptable, however, it is still the grower/certified operator's responsibility to verify that records are being kept correctly. NRCS Conservation Practice Standard, Code 633 requires the facility to keep accurate and complete records of waste application events. These records should be maintained for three years. In 15A NCAC 8F .0203, Duties and Requirements of an Operator in Charge, it is specified that the certified operator in charge is responsible for proper documentation of the daily operation of the animal waste management system. Since these records are being kept on computer, then each spray event must be documented by hand on an IRR-1 form and kept with records. Total volume (column 7) applied must be divided by the actual acreage covered for each spray event in column 8. Two options of record keeping are acceptable methods of showing agronomic application rates_ Option 1: Break up spray field into smaller fields based on pulls and use a separate IRR-2 form for each spray pull. Use the approximate acreage that is irrigated for this spray pull on the IRR-2. Keep in mind that all pull acreages when added together cannot exceed total field acreage listed in the waste plan. Option 2: If using total field acreage in calculations, then each application is listed on an IRR-1 by location. IRR-2 calculations are calculated by adding the total amount of time irrigated for all applications required to completely cover a field from the IRR-1 and performing calculations using the total field acreage. Keeping records by spray pull using a separate IRR-2 form (Option 1) will give you the most flexibility when spraying. This will allow for differences in field quality. For instance, it allows you to avoid areas of the field that may stay wet for long periods of time. Using Option 2 requires all of the field be applied to prior to repeating the cycle to show uniform field coverage. It also makes keeping up to date records more difficult since it may be several weeks before the entire field is covered. You will need to generate a map or diagram showing how fields are sprayed. It should include hydrant and pull locations with each labeled. This will need to be kept with irrigation records on the farm and a copy given to your record keeper to clarify where you applied. I have contacted Toni King about the keeping of irrigation records and she should now understand the process. Please see that she makes the appropriate changes for future records. Donald Hall March 23, 1999 Page 3 4. The lagoon has moderate erosion in areas and lacks consistent vegetative cover on top of the dike and along the outside wall. This problem has been noted in some degree since 1997 and has now become problematic. Eroded areas will need to be repaired appropriately with grassed vegetation established. Weeds are a considerable problem in areas and are shading out and killing grass. The weeds need to be eliminated and replaced with grass where needed. I would suggest leveling the slope of the outside wall when making repairs to allow for easier maintenance of the structure. All of.these items are violations of your General Permit and the certified animal waste utilization plan. Subsequent violations may generate a Notice of Violation and can carry the assessment of a civil penalty. You must notify this office in writing within fourteen (14) days a of the receipt of this notice, what actions are being taken to correct these deficiencies. Failure to do so may result in the facility losing its permitted status and being required to obtain an individual non discharge permit. Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the surface waters of the State without a permit. The Department of Environment and Natural Resources has the authority to levy a civil penalty of not more than $10,000 per day per violation_ If you need assistance with addressing these items, please contact your service company, the Pender County Extension or Soil & Water office. If you have any questions concerning this matter, please call Dean Hunkele or Brian Wrenn at 910-395-3900. Sincerely, tom_ Dean A. Hunkele Environmental Specialist cc: Marilyn Stowell, Pender County Soil and Water Conservation Sandra Weitzel, NC Division of Soil and Water Conservation Garth Boyd, Murphy Family Farms Operations Branch Wilmington Files S:\WQS\ANIMALS\PENDF-R\1999\71-72.DEF State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor L Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Donald Hall Ponderosa 4615 Hwy 133 Rocky Point NC 28457 Farm Number: 71 - 72 Dear Donald Hall: E F F B 16 1998 February 13, 1998 E N R You are hereby notified that Ponderosa, in accordance with G.S. 143-215. IOC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty (60) daM to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call Katharine Keaton at (919)733-5083 extension 533 or Dave Holsinger with the Wilmington Regional Office at (910) 395-3900. Sincerely, A. Pre on , Jr., . cc: Permit File (w/o encl.) Wilmington Regional Office (w/o encl.) 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 _I State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston _Howard, Jr., P.E., Director December 13, 1996 Mr. Railey E. Williams 2225 Fennell Town Road Rocky Point, NC 28457 RE: Ponderosa Farm (QPD) Facility Number: 71-72 Dear Mr. Williams: A&4 IDEHNR This letter is in response to your continued inquiry concerning the Donald Hall (QPD) Farm. Mr. Hall was officially notified on May 29,1996, to establish and maintain the appropriate crop and acreage rotation required by USDA-NRCS requirements. In addition, Mr. Hall was notified that to remain a deemed permitted facility, he must notify this office in writing within fourteen (14) days of the receipt of the notice, what actions will be taken to comply with the waste management plan. On June 11, 1996, this Office received a written response from Mr. Hall detailing an action plan to address the concerns expressed by Division staff. Mr. Hall has contacted the N.C. Cooperative Extension Service and has received assistance in establishing an acceptable cropping system. Unfortunately, Mr. Hall was unable to establish an appropriate cover crop of Bermuda grass due to adverse weather and cropping problem s. Mr. Hall has communicated these problems to us and the Cooperative Extension Service has worked with Mr. Hall to establish a back up nutrient management plan. It is my understanding that Mr. Hall planted a cover of millet this summer as per NCCES recommendations and has followed with a cover of rye for a winter crop this year. Mr. Hall will attempt to plant Bermuda again in April of 1997. On November 21,1996, Mr. Jason Turner of the Pender County Soil and Water District office visited the Ponderosa Farm to verify the type and viability of the cover crop present. Mr. Turner has expressed to the Division his satisfaction with the viability of the cover crop and adherence to his plan at this time. In December of 1992, the Water Quality Commission adopted a water quality rule which governs animal waste management systems. The goal of the rule is for animal operations to be managed such that animal waste is not discharged to surface waters of the state. The rule allows animal waste systems to be "deemed permitted" if certain criteria are met (I5A NCAC 2H .0217)- I recognize that animal feedlots operated in compliance with state and federal water pollution control laws may produce odors which are unpleasant to the surrounding community. However, there are several management methods which can N 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Mr. Railey Williams Page 2 be used to help reduce offensive odor such as increasing the size of a lagoon; using aerobic treatment, and properly managing the waste in a timely manner. Unfortunately, it is unrealistic to expect odors to be entirely eliminated. Currently the Division of Water Quality (DWQ) has no legal authority to mandate the abatement of odors emitted by animal operations. State air quality regulations addressing the control of odorous emissions are not directed at animal feedlot operations. Instead, those regulations principally concern emission control equipment to control odors from industrial plants. In addition, there are no federal air quality regulations which address odor emissions from animal feedlots. Although the state currently has no jurisdiction over odors from animal operations, there are certain regulatory controls which may be pursued at the local level. First, the local County Commissioners have authority to establish setbacks or other regulations for animal feedlots through their ordinance -making powers. Setting feedlots, lagoons and spray field areas away from adjacent property may help to reduce offensive odors to neighbors. Another option is that the local county health director may determine whether odors from particular animal feedlot operations rise to the level of a "public health nuisance" within the meaning of N.C. Gen. Stat. § 130A-19 (copy attached). If the local county health director deems the odors to be a public health nuisance, then an abatement order may be issued. A third option might be to contact your attorney to discuss whether you have any legal rights under the doctrine of nuisance liability under North Carolina law, particularly N.C. Gen. Stat. §§ 1-539, 106-700, 106-701 (copies attached). However, there are some limitations placed on suits to abate agricultural nuisances under these statutes. The DWQ has no authority to make such a determination, and I am not in any way suggesting that this or any particular operation might constitute a nuisance. Again, it is the Division's policy to investigate citizen complaints and to respond to non -anonymous complaints in a timely manner. Please accept this letter as a response to your inquiry. All records in our possession are considered public information and can be inspected upon request at this office. I would invite you to visit this office and review the information that you have requested. -Copies of the records can be made for a minimal fee. Thank you for your concern in this matter. If you have any er questions. please contact me at 910-395-3900. Sinc�erel , Regional Water Quality Supervisor cc: Dr. Garth Boyd, Murphy Farms C()-h A 1 9 t3L5 Of I Jack Griffith, Pender County Health Department Q Wilmington Files lI ftaCi-lAt°44S _T" lU f sA%vgsldavehlpenderinvill ms2.l et 1 §105-701- CH. 106. AGRICULTURE §106-706 i i § 106-701. When agricultural operation,' etc., -not constituted nuisance by changed condi- tions in locality. (a) No agricultural operation or any of its appurtenances shall be or become a nuisance, private or vublic, by any changed conditions z in or about the locality thereof aster the same has been in operation for more than one year, when such operation was not a nuisance at a the time the operation_ began; provided, that the provisions of this subsection shall not apply whenever a nuisance results frorn the ,z negligent or improper operation of any such agricultural operation AL or its appurtenances. (b) For the purposes of this Article, "agricultural operation" in- cludes, without limitation, any facility for the productio:a for com ia mercial purposes of crops, livestock, poultry, livestock products, or F: IA poultry products. - (c) The provisions of subsection. (a) shall not affect or defeat the .3 right of any person, firm, or corporation to recover damages for any '3 injuries or damages sustained bv them on account of any pollution _-4 of, or change in condition of, the waters of any stream or on the j account o` any overflow of lands of any such person, farm, or corpo- r ration_ (d) An v and all ordinances of any urlit of local gcverpment now ` in effect or hareafter adopted that would make the o,oera=ion of any such aaricultaral operation or its appur`u-nances a nuisance or pro- viding for abatement thereof as a nuisance in the circumstance set , forth in this section are and shall be null and void; provided, how- ever, that the provisions of this subsection shall not apply when- s; t ever a nuisance results from the negligent or improper operation of any such agricultural operation or any of its appurtenances. Pro vided further, that the provisions shall not apply whenever a nui- sance results from an agricultural operation located within the cor- porate limits of any city at the time of enactment hereof. (e) This section shall not be construed U) invalidate any contracts : heretofore made but insofar as contracts are concerned, it is only .; ' applicable -to contracts and agreements to be made in the future. _ (1979, c. 202, s. 1.) Legal Periodicals. = For survey of 1979 administrative law„see 58 N.C.I.. Rev- 1185 (1980), CASE NOTES Applied in Mayes v. Tabor, 77 N.C. App. 197, 334 S.E.2d 489 (1985). §§ 106-702 to 106-706: Reserved for future codification pur- poses. 412 §106-67 7 LIABILITY OF AGRlCULTUR.-\L OPERATIONS '1Q6-700 1.06.-67 7. Grade -tonnage reports. Each person registering commercial fertilizers under this Article shall furnish the Commissioner with a written statement of the tonnage of each bade of fertilizer sold by him in this State. This infor-mation shall be held in confidence by the Commissioner. Said statement shall include all sales for the periods of July first to and including December thirty-first and of January first to and includ- ing June thirieth of each year, The Commissioner may suspend, _.,. revoke or terminate the registration of said commercial fertilizer and suspend, revoke or terminate the license of any person failing to comply with this section within 30 days of the close of each period. All information published by the Department of Agriculture `. pursuant to this section shall be classified so as to prevent the i6entification of information received from individual registrants. All information, received pursuant to this section shall be held con- �F fidentiai by the Department and its employees. (1947, c. 1086, s.. 13; 1977, c. 303, s. 23; 1981,• c. 448, s. 11.) zrt 106-6 r8 to 106-699- Reserved for future codification pur- poses. "0. j. ARTICLE 57. 1Nuisance Liability of Ab icultural Operations. 106- 700. Legislative determination and declara- tion of policy. It is.the declared policy of the State to conserve and protect and —` encourage the development and irr:prpverrient of its agricultural land for the production of food and other agricultural products. VPhen non ag-ricult taraI land uses extend into a5 icultural areas, ag- ricultural overations.often become the subject of nuisance suits. As a result, aE�ricultttral operations are sometimes forced to cease oper- ations. glary others are discouraged from making investments in farm imurovemen'ts. It is the purpose of this Article to reduce the t�- loss to the State of its agricultural resources by Iimiting the circum- stances under which ag-ricultural'operations may be deemed to be a nuisance. (1979, c. 202, s. 1.) Legal Periodicals. -- For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980). CASE NOTES AppUed in Baucoai-s Nursery Co. v. Cited in Mayes v. Tabor, 77 N.C. App. Mecklenburg County- fit N,C- App. 396. 197, 334 S.E.2d 489 (1985), 303 S.E.2d 236 (198U r. 411 I §130A-19 ENVIRONMENT AND NATURAL RESOURC-S I -A well as a reserve fund therefor; sets out reporting requirements; and provides for the provision of services through con- tracts with public or private agencies or by direct operation by the department. : Session Laws 1285, c. 479, s. 85 and c. 791, ss. 18 and 18.1, Session Laws 1987, c. 738. s. 82, and Session Laws 1987 (Reg. Sess., 1988), c. JOS6, S. 148.6 had previously provided for children ideati" tied as a class in the case of Willie 3&: Part 2. Remedies. § 130A-19. Abatement of public health nuisance. r' If the Secretary or a local health director determines that a public ; health nuisance exists, the Secretary or a local health director .issue an order of abatement directing the owner, lessee, operator or fi other person in control of the property to take any action necessarp''- ;. to abate the public health nuisance. If the person refuses to cor6ply- with the order, the Secretary or the local health director may instill. tute an action -in the superior court of the county where the public health nuisance exists to enforce the order. The action shall be calendared for trial within 60 days after service of the.comptaint.- ? upon the defendant. The court may order the owner to abate the nuisance or direct the Secretary or the local health director to abate the nuisance. If the Secretary or the local health director is ordered to abate the nuisance, the Department or the local health dcr art s ment shall have a lien on the property for the costs of the abate- ment of the nuisance in the nature of a mechanic's and -matariai- men's lien as provided in Chapter 44A of the General Statutes and the lien may be enforced as provided therein. (1893, c. 214, s. 22; Rev., ss. 3446, 4450; 1911, c. 62. ss. 12, 13; 1913, c. 181, s. 3; C.S., ss. 7071, 7072; 1957, c. 1357, s. 1; 1983, c. 891, s. 2.) CASE NOTES County May Not Initiate Action. — As the power to initiate action to abate a public nuisance is vested in the local health director, a county may not pro- ceed without him- Warren County �. . - North Carolina, 528 F. Supp. 276 (E.D.N-C. 1981), decided under former § 130.20. Use of property by the State may not be enjoined by the tours as a nu=-- sance where the use of the property is in a manner authorized by valid legislative authority. Warren County Y. North Car olina, 528 F. Supp. 276 (E.D.N.C. 1981), decided under former § 130-20. § 130A-20. Abatement of an imminent hazard. If the Secretary or a local health director determines that an imminent hazard exists, the Secretary or a local health director may, after notice to or reasonable attempt to notify the owner, enter upon any property and take any action necessary to abate the irn- minent hazard. The Department or the local health department shall have a lien on the property- for the cost of the abatement of the imminent hazard in the nature of a mechanic's and materialmen's lien as provided iri_-i✓hapter 44A and the lien may be enforced as provided therein. The lien may be defeated by a showing that an imminent hazard did not exist at the time the Secretary or the local health director took the action. 11893, c. 214, s- 22; Rev., ss. 3446, 4450; 1911, c. 62, ss. 12, 13; 1913, c. 181, s. 3; C.S., ss. 7071, 7072; - - 1. , noa - Qoi 1 0 t § 1 39 CH. 1. CIVIL PROCEDURE § 1-536 stimulat,& attention and supervision: and that the :.tai effect will be a reduction in the anti-ocial behavior of children. 'General Lns. Co. of Am. v. Faulkner, 259 i N.C. 317- 130 S.E2d 645 (1901. Section Imposes Vicariuus Liabil- ity on Parents. — In an action against the pare-ts under this section the com- plaint is not fatally defective because it fails to 2_'Iege that an), act or omission to act on the part of the defendants was the iproxima:e cause of an injury to plaintiff, for the reason that this section imposes vicarioi liability upon parents by virtue of their relationship for the malicious or wilfull de=truction of property by a child under the age of eighteen. General Ins. l Co. ofAri_ v_ Faulkner, 259 N.C. 31 130 � S.E.28 6-15 (1963). At common law, the mere .s relationship of parent and child was not considered a proper basis for (_ imposing vicarious liabiUty upon the parent for the torts of the child. General i Ins. Co. of :%71. v. Faulkner. 259 N.C. 317, 130 S.E.2d 645 (1963), Parental liabiiity ff�r a child's tort at a' commo= law was imposed genera:ly in two situations, i.e., where there was an 3 agency relationship, or where the parent was hir--elf guilty in the commission of the tort in some way. General Ins. Co- of Am. v. Faulkner, 259 N.C, 317, 130 S.E.2d 645 119631. For the plaintiff to recover from thel parents he must establish, inter alien by the greater weight of the evidence, that the minor wp- under the age off eighteen years, and that the child mall ciously or wilfully destroyed property,t real, personal. or c;ixed. General 1,-Is. Co.-, of Am. v. Faulkner. 259 N.C. 311, 130-i S.E.2d 645 (19631. Insurer Paring Loss May Sue on Subrogated Claim. — An insuranoe'; company, as plaintiff, may bring suit in*. its own name against defendants upon 0 claim to which it ::as become su5r,gated, by payment in full of its loss to `iz#aY insured under the provisions of its policy of insurance, Who pursuant to the provi sions of this section, would have heeo'' able to bring such an action in its owii' name. General zns. Ca. of ?in. v; Faulkner, 259 \.C. 317. 130 S.E.2d 645 (1963). Application of Section. —For appli cation of section to automobile collision case, see Smith v. Simpson, 260 N.C. 601,. 133 S.E.2d 1'74 (1963). Anplied in In re Berry, 33 N.C. App., 356, 235 S.E_26 278 (1977). ---'- Cited in S & N Freight Line v_ Bundy Truck Lines, 3 N.C. App. 1. 164 S_E.2d 89 (19681; Moore v. Crumpton, 55 N.C. App� 398, 285-S.E.2d 642 (1982). -. § 1-539. Remedy for nuisance. ;y Injuries remediable by the old writ of nuisance are subjects a action as other injuries; and in such action there may be judgg_�n en, for damages, or for the removal of the nuisance, or both. (C.C.P-;-s 387; Code, s. 630; Rev., s. 825; C.S., 894.) Cross References. — As to injunction again t nuisance, see 4 1-485. CASE NOTES Nuisance Defined. - That which anno}= and disturbs one in the pos- se6sion of his property, rendering its ordinary use' or occupation physically uncomfortable to him is a nuisance. Baltimore & P.R.R. v. Fifth Baptist Church, 108 U.S. 317, 2 S. Ct_ 719; 27 L. Ed. 739 (1883)_ A private nuisance exists where the right or privilege interfered with is essentially a private one. if the offense is so general as to affect a number of citi- zens in the neighborhood the aggrava- tion of offenses will amount to a public wrong and may be the subject of a publ: prosecution. But in such a case thelmd vidual can still maintain a civil act l and he need not show that his particuli damage differs in kind and degree.fo that of the other individuals affe-cte McManus v. Southern Ry., 150 N.C. b5 64 S.E. 766 (1909). Adequate Remedies Avaiiabie * Nuisance. —Where a nuisance has b'-i established, working harm to the righ of an individual citizen, the law of Nor! Carolina is searching and adequate' afford an injured person arnple rem' 586 1_539 ART. 43. NUISANCE AND OTHER WRONGS 3 1 539 both by remedial and preventive remedies. McManus v. Southern Ry-, 150 N.C. 655, 64 S.E. 766 (1909). The ancient 4vrit of nuisance has ;. been superseded under this section by r civil action for damages or for a removal % of the nuisance, or for both. Barrier v. Troutman, 231 N.C. 47, 55 S.E.2d 923 (1949). Damages in nuisance action should lie such as to lead to the abatement of the nuisance. Bradley v. Amis, 3 N.C. 399 (1806). _.. Appreciable Damage Must Be Suffered. — To sustain an:actior for a "'6isance, public or private, which does . not involve the physical invasion of the oropero, of another, it is alw'ays reouired tPto be shown that some appreciable darn - age has been suffered, or that some serious or irreparable injury is ihreatened, and unless this is made to ,,appear a right to nominal damages does not arise. McManus v. Southern Ry., 150 N.C. 655, 64 S.E; 766 (1909). .r• An individual may not maintain an action for a public nuisance unless he "shows unusual and special da,-nage, different from that suffered by the general public. Pedrick v. Railroad, 143 N.C.485, 55 S.E. 877 (1906); McManus v. Southern Ry., 150 N.C. 655, 64 S.E. 766 (1909); Barrier v. Troutman, 231 N.C. -- 47, 55 S.E.2d 923 (1949). An action by an individual to abate a nuisance cannot +ie successfully resisted on the ground that no special damage to the plaintiff has been show,., wzen it appears that the nuisance complained of a was the fact that the defendant caused water to flood adjoining lands, which -".bred fever carrying mosquitoes, thereby '_inflicting sickness on the plaintiff and -his family, although others in the com- ti.: iiiunit-v suffered sickness from the same cause. Pruitt v. Bethell, 174 N.C. 454, 93 S.E. 945 (1917). . One suffering peculiar . damages i from a public nuisance is not restricted but may sue for an injunc- t. Rey burn Y. Sawyer, 135 N.C. 328, ;7 47 S.E. 761 (1904). Where the nuisance is continuous and recurrent and the injury irrep-arable, and remedy by of -damage :'inadequate, equity wiil restrain, eve though the enterprise be in itself lawful Barrier v. Troutman, 231 N,C. 47. 55 S.E.2d 923 (1949). Permanent damages for the depre- ciation of property cannot be recov- ered. The owners may enjoin commission of the acts constituting the nuisance and recover such temporary" damages as their property has sustained thereby. Taylor Y. Seaboard Air Line Ry.. 145 Nam. 460, 59 S. E. 129 (1907 t. Proximate Cause. — In order to recover damages the maintenance of a public nuisance must be the proximate cause of the injuries. McGhee v. Norfolk & S. Ry., 147 N.C. 142, 60 S.E. '312 (1908). Abatement of a private nuisance is not dependent upon recovery of damages. Barrier v. Troutman, 231 N.C. 47, 55 S.E.26 923 (1949), Plaintiff alleged that by reason of the topography and the manner of its use and operation, planes using the airport on adjoining planes using the airport or. adjoining property flew over plaintiffs .clinic at a height of not more than 100 feet, so as to constitute a recurrent danger and disturbance to plaintiff and patients of his clinic. It was held that the complaint alleged a private nuisance, and upon verdict of the jury that the airport constituted a nuisance as alleges in the complaint, plaintiff was entitled to enjoin such use notwithstanding the fur - Cher finding of the jury that plaintiff hac� not been damaged in a special and peculiar way- Barrier v. Troutman, 231 N.G. 47, 55 S.E.2d 923 (1949). An airport is not a nuisance per se, but may become a nuisance if its loca- tion, structure and manner of use and operation result in depriving com- plainant of the comfort and enjoyment of his property. Barrier v. Troutman, 231 N.C. 47, 55 S.E.2d 923 (1949). Diminution of Damage. — In an action for damages from a permanent nuisance, the suit being in the nature of a proceeding to condemn the plaintiffsproperty, it was held, that special•bene- fits arising out of the establishment of the nuisance may be set ofiin diminution of damages. Brown v. Virginia -Carolina Chem. Co., 162 N.C. 83, 77 S.E. 1102 (1913), Cited in Hampton v. North Carolina s Pulp Co., 49 F. Supp. 625 (E.D N.C. n 1943), rev'd on other grounds, 139 F.2d 840 (4th Cir_ 1944). 587 N. C. DIVISION OF ENVIRONMENTAL MANAGEMENT COMPLAINT/EMERGENCY REPORT FORM WILMINGTON REGI0291L OFFICE Date/Time: 3 1 Z o Emergency: Complaint: X County: 'PE -A ) D,52 Report Received From: _1 ���.A )g ,��' Agency: 1 h/� _ _ Phone No. Complainant: Address: Phone No . z � % Z9 Complaint or Incident: 1�� �� F11] CAZd-4 41 %/ a - r Time and Date Occurred: — Location of Area Affected: - ?7-- Surface Waters Involved: X Groundwater Involved: Other Agencies/Sections Notified: AM Ole Investigation Details: �Sppz.-A(,e :6cl- I ps AP-6 Se?Tue-,q,- PrND C�un S�f ✓,o i-er�vi t7 S-(� rru�r �n� ���c-l/ e -� C�2„0 .QO7774 i�0� Investigator: Date: 3 Z0196 SPA Region IV (404) 347-4 62 Pesticides 733-3556 Emergency Management 7311867 Wildlife Resources 733-7291 Solid and Hazardous Waste 733-2178 Marine Fisheries 726-7021 Water Supply Branch 733 -2321 C.S. Coast Guard MSO 343 -4881 127 Cardinal Drive Extension, WLaiington, N.C. 2MS-3845 a Telephone 919-395-3900 • Fax 919-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Governor " Jonathan B. Howes, Secretary FAX COVER SHEET DATE: 0 `? - 2(k - q. G - TO: ST`�VCL T� C CO: CC) FAX #: L `� NO. OF PAGES - FROM: C.4- S_H t V � tri- CO: t� (-j Q - U) (' FAX #: REMARKS: H_ya- s rc c _-,7 LJj 1 Lrt-- 127 Cardinal Drive Extension. Wilmington, N.C. 28405-3845 0 Telephone (910) 395.3900 ► Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer c* CM James B. Hunt. Governor Jonathan B. Hawes, Secretary Jul 24 '96 10:50 (012) State of North Carolina ]Department of Eavirionment, Health, and Natural Resources Wilmington Regional Office FAX COVER SHEET DATE: TO: S ` - C t CO: tD FAX NO. OF PAGES FROM: C l I--' CO: ' ' FAX #: REMARKS: H LT f ta.. �L 1 c r_ 127 Cardinal Drive Eatcttaion. Wllmins[nn. N.C. 28405-3945 a Tel-pbone (910) 305-2900 0 pax (910) 350-ZO04 +oat Equal Opportunity Affi m iive Action Employer J JLL—I?-1996 16:09 FROM DEM WATER QUALITY SECTION TO WIRO JUNE 10, 1996 RA145Y E_ WILLIAMS 2225 - ENNELL TOWN ROAD ROCKY FO I NT, N . C . 28457 P.01/02 1"I-'1 pos&Ir Fax Note 7671 Dace 7 Q► To From — wi �. Phone # Phone 0 FaX # Fsz # I MR, R-,)A N>• RD Tt- UMAS ii{ti�:iir,htt •'PEWDER ULNAWF f SOARia OF HEAL.` I4 �'876 HIGHWAY 53 WST BURGAW, M, Cz 28425 I WAS AT 1 ENDAN:' r-- J7 T; IF MEE.! I NG : 'ETIME 'WHEN THE ` :' ; H CARDL I INA OtiPARTMENT ;.*' � NV I RDNMEN TAL HEALTH AND NATURAL RESOURCES AZ?vw SED THE BOARD THAT IT i OULD DO ITS Jolly AND THAT IT NEED;-'D NO HELP. ALSO, ONE OF' THE HEALTH BOARD FLAGRAN1 LY SgCIWED HIS TOTAL LACK OF IMPARTIALITY-. IN THE IMPOSSI LE_ EVENT THAT I SHOULD EVEN DECIDE TU ATTEMPT TO LOCATE A HOG PRODUCTION 1"•_ANT IN 600(_SODY EL:3f;" I?AGKYAPD I WILL ATTLTi Rr TO ENLIST FOLLOWING T�'H= DEPAR'imaN--'s` p S ADVICE. T U r'-!E PENDER r 'OUNTY BOARD OF HEALTH, T''H�_ 'SUARD T:;:.:,a . E;jf:::�' To Ri.!TaXN OUT OF THE HUG S T EhOH/WATER P[) :..UTI0N K`! 0: —'L M SOL.VIrlG PROCESS. - -- I fAXE ExL'E 'rlOFst~ TD TME: ADVICE- Yuri ti?r'l;E-3VED. THE NOtZTH CAROL I NA STATE OF ENVIRONMENTAL_ HEALTH AND NATURAL RESOURCES EITHER +_.;A-N NOT OR WTL-L NOT 00 1 T:; JOB, AND I. i�?.E. sRET THE BOARD'S DECISION. ON TWO OCCASIONS THIS YEARr ONCE IN THE WINTER:, AND ONCE IN 9'N IF EARLY L4l'N'� I NB, I 0-`b`ERVED MR, DON- I_I} H. HALL r 61 - ELL H. KURPHY}S STUINIIEHOUSE RDAs.' F'RUDLW7-11JN FACILITY ISEING ON Sly _ ;l .-`MEDT^. -_.Y l-C7Lt._.D:''.;:';_i PPINFALL8 OF* 1.7 I NUHL,,.' AND 1.3 INCH-1 1.3, RESPECTIVELY, ONTO A! >r'ADY SATUpg- T ;mi, : i,II.L WHICH :". D NC, ESTAS:_ 4#0ED CROP COVER. THE :Till--l-f-IWING MONDAY MORNio, -;:;, I REFIvE.: �iU EACH INSTANCE BY TF-0--PHONI'E TO A MP. WEST; AND ON EACH OCCASIUN : ASKED TO ",E ADVISED E]F THE ACTION TAKEN CIF" ANY) BY THE DEPAR I f ILNT. I ,✓tiVfER HEARD ANYTHING REGARDING THE FIP8T INSTANCE. ABOUT TEN DAYS LATER+ FOLLOWING THE. SECOND INSTAN."E, AND I ,STILL N!r G RECEIVE NQ, 14ORD FRO: ii Ni. WEST, I TELEPHONE-'' PIM AGAIN. F'TS RESt~'QN'—i� WAS2 "OH WE STIa'. A'_•;.'T J!L-17-1996 16:09 FROM DEM WATER QUALITY SECTION TO J• WIRO P.02/02 WITH :4kEM REGARDS, RAILEY E. WILLTaMS c. c. GOVERN1 0-c JAMS$ _B.. HUNT DEVNN tMENT OF ENV'Ii fwE, — HEAL-tH AND NATURA: RESOURCEA tlR. DONALD H. HALL MR. WENDE1.1- H. MURPHY TOTAL P.02 State of North Carolina Department of Environment, Health and Natural Resources A[4 • Wilmington Regional Office Division of Water Quality James B. Hunt, Jr., Governor ID E Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E.,' Director December 13, 1996 Mr. Railey E. Williams 2225 Fennell Town Road Rocky Point, NC 28457 RE: Ponderosa Farm (QPD) Facility Number: 71-72 Dear Mr. Williams: This letter is in response to your continued inquiry concerning the Donald Hall (QPD) Farm. Mr. Hall was officially notified on May 29,1996, to establish and maintain the appropriate crop and acreage rotation required by USDA-NRCS requirements. In addition, Mr. Hall was notified that to remain a deemed permitted facility, he must notify this office in writing within fourteen (14) days of the receipt of the notice, what actions will be taken to comply with the waste management plan. On June 11, 1996, this Office received a written response from Mr. Hall detailing an action plan to address the concerns expressed by Division staff. Mr. Hall has contacted the N.C. Cooperative Extension Service and has received assistance in establishing an acceptable cropping system. Unfortunately, Mr. Hall was unable to establish an appropriate cover crop of Bermuda grass due to adverse weather and cropping problems. Mr. Hall has communicated these problems to us and the Cooperative Extension Service has worked with Mr. Hall to establish a back up nutrient management plan. It is my understanding that Mr. Hall planted a cover of millet this summer as per NCCES recommendations and has followed with a cover of rye for a winter crop this year. Mr. Hall will attempt to plant Bermuda again in April of 1997. On November 21,1996, Mr. Jason Turner of the Pender County Soil and Water District office visited the Ponderosa Farm to verify the type and viability of the cover crop present. Mr. Turner has expressed to the Division his satisfaction with the viability of the cover crop and adherence to his plan at this time. In December of 1992, the Water Quality Commission adopted a water quality rule which governs animal waste management systems. The goal of the rule is for animal operations to be managed such that animal waste is not discharged to.surface waters of the state. The rule allows animal waste systems to be "deemed permitted" if certain criteria are met (15A NCAC 2H .0217). I recognize that animal feedlots operated in compliance with state and federal water pollution control laws may produce odors which are unpleasant to the surrounding community. However, there are several management methods which can 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer r Mr. Railey Williams Page 2 be used to help reduce offensive odor such as increasing the size of a lagoon, using aerobic treatment, and properly managing the waste in a timely manner. Unfortunately, it is unrealistic to expect odors to be entirely eliminated. Currently the Division of Water Quality (DWQ) has no legal authority to mandate the abatement of odors emitted by animal operations. State air quality regulations addressing the control of odorous emissions are not directed at animal feedlot operations. Instead, those regulations principally concern emission control equipment to control odors from industrial plants. In addition, there are no federal air quality regulations which address odor emissions from animal feedlots. Although the state currently has no jurisdiction over odors from animal operations, there are certain regulatory controls which may be pursued at the local level. First, the local County Commissioners have authority to establish setbacks or other regulations for animal feedlots through their ordinance -making powers. Setting feedlots, lagoons and spray field areas away from adjacent property may help to reduce offensive odors to neighbors. Another option is that the local county health director may determine whether odors from particular animal feedlot operations rise to the level of a "public health nuisance" within the meaning of N.C. Gen. Stat. § 130A-19 (copy attached). If the local county health director deems the odors to be a public health nuisance, then an abatement order may be issued. A third option' might be to contact your attorney to discuss whether you have any legal rights under the doctrine of nuisance liability under North Carolina law, particularly N.C. Gen. Stat_ §§ I-539, 106-700, 106-701 (copies attached). However, there are some limitations placed on suits to abate agricultural = . nuisances under these statutes. The DWQ has no authority to make such a determination, and I am not in _ any way suggesting that this or any particular operation might constitute a nuisance. Again, it is the Division's policy to investigate citizen complaints and to respond to non -anonymous complaints in a timely manner. - Please accept this letter as a response to your inquiry. All records in our possession are considered public information and can be inspected upon request at this office. I would invite you to visit this office and review the information that you have requested. Copies of the records can be made for a minimal fee. Thank you for your concern in this matter. If you have any further questions, please contact me at 910-395-3900. �v l Regional Water Quality Supervisor cc: Dr. Garth Boyd, Murphy Farms Jack Griffith, Pender County Health Department Wilmington files s awgsldavehlpenderlrwillms2.let State of North Carolina Department of Environment, -Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 Donald Hall Donald H. Hall 4615 Hwy 133 Rocky Point NC 28457 SUBJECT: Operator In Charge Designation Facility: Donald H. Hall Facility ID#: 71-72 Pender County Dear Mr. Hall: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997.. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. ' ' Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 91gn33-0026. 72�,�= A. Preston Howard, Jr., P.E., Director Division of Water Quality Enclosure cc: Wilmington Regional Office Water Quality Files P.O. Box 27687, N��� Raleigh, North Carolina 27611 7687 � An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 177TTI 50%. recycled/10% post -consumer paper N. C. - DI VISION OF ENVIRONMENTAL MANAGEMENT COMPLAINT/EMERGENCY REPORT FORM WILMINGTON REGIONAL OFFICE Received by: %l_y r2. �. [Z S AJGj�i(�.--. Date/Time: Zlq SakergenGy: Complaint: �� CouIIty:Y4 (�� 2 Report Received Fziom: Agency: lI - _ Pipe No. Campl-inant: —A l Ul 111_(A G� Address: 2-ZZ-- FinAl-ll 1�1Z RIO Phone Nn. Z5 / W 2J. -- Complaint or rncident: �� �-, .,,� ,a -). _i - p -1 G ro s fg Fg eir t' _ i Time and Date Occurred: Location of Area Affected: � x-GrO� %�IelQ2 QPf� Surface Waters Involvedz Groundwater Involved: Other Oth er Agencies/Sectikms !/-i Notified: 1 eG J tiara Details: l'/Zl A& Investigator: Date: EPA Region IV (44t).4 -W2 Pesticides 733-3SS6 Ewwgeney Managemear 733 3867 Ws7dl{fe Resources 733-7291 Sdid and Hazardous Waste 733-2178 Marine Fisheries 726-7021 Watsr Supply Bnvuh 733-2321 U.S. Foam Guard MSO 3434881 127 Cardinal Drive Extension, Wilmington. N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer NOV 19 to 96 NOVEMBER 18, 1995 - CERTIFIED MAIL, RETURN RECEJ.PT__R13QUES_TED_ RAILEY E. WILLIAMS 2225 FENNELL TOWN ROAD ROCKY POINT, N. C. 284567 MR. RICK SHIVER STATE OF NORTH CAROLINA, DEHNR 127 CARDINAL DRIVE EXTENSION WILMINGTON, N. C. 28405-3845 DEAR MR. SHIVER; THANK YOU FOR YOUR LETTER OF AUGUST 6, 1996, AND REFERENCE -IS MADE THERETO. ACCORDINGLY, I REQUEST THE FOLLOWING: 1. A COPY OF MR. HALL'S CERTIFICATION DOCUMENT RELATIVE TO SUBJECT HOG FACILITY LOCATED ON STONEHOUSE ROAD. ALSO, PLEASE IDENTIFY THE PERSON WHO CERTIFIED,THE OPERATION, AND EXPLAIN THE CERTIFYING PROCESS; 1. e., MUST COMPLIANCE WITH THE WASTE MANAGEMENT PLAN HAVE BEEN ACHIEVED PRIOR TO CERTIFICATION? 2. A COPY OF DEHNR'S OFFICIAL NOTIFICATION TO MR. HALL "TO ESTABLISH AND MAINTAIN THE APPROPRIATE CROP AND ACREAGE REQUIRED BY USDA-NRCS." 3. A COPY OF DEHNR'S NOTIFICATION TO MR. HALL "THAT TO REMAIN A DEEMED PERMITTED FACILITY, HE MUST NOTIFY (DEHNR) WITHIN FOURTEEN (14) DAYS ... WHAT ACTIONS WILL BE TO COMPLY WITH THE WASTE MANAGEMENT PLAN."' 4. A COPY OF THE WRITTEN RESPONSE DEHNR RECEIVED FROM MR. HALL "DETAILING AN ACTION PLAN TO ADDRESS THE CONCERNS EXPRESSED BY DIVISION STAFF." 5. DEHNR'S EXPLANATION OF EXACTLY HOW THE DETERMINATION WAS MADE THAT MR. HALL'S STAFF GAUGE WAS INSTALLED:, INCORRECTLY, AND EXACTLY HOW IT WAS DETERMINED .THAT THE STAFF GAUGE INDICATED A HIGH MEASUREMENT RATHER THAN A LOW MEASUREMENT. 6. ANY AND ALL INFORMATION DEHNR HAS WHICH INDICATES THAT MR. HALL CONTACTED THE N. C. COOPERATIVE EXTENSION SERVICE RELATIVE TO SUBJECT OPERATION LOCATED ON STONEHOUSE ROAD, AND ANY AND ALL INFORMATION DEHNR HAS THAT MR. HALL RECEIVED ASSISTANCE FROM THE N. C. COOPERATIVE EXTENSION SERVICE IN ESTABLISHING AN ACCEPTABLE (TO WHOM) CROPPING SYSTEM RELATIVE TO SUBJECT OPERATION LOCATED ON STONEHOUSE ROAD. 7. ANY AND ALL INFORMATION DEHNR HAS WHICH INDICATES ct CA C� r e a ; tee W A CL �S 4re WHAT, IF ANY, CORRECTIVE ACTION MR HALL TOOK PURSUANT TO DEHNR'S MARCH 20, 1996 INSPECTION AND SUBSEQUENT MAY 29, 1996 CORRESPONDENCE. 8. COPIES OF ALL HANDWRITTEN NOTES TAKEN BY DEHNR RELATIVE TO THE CONVERSATIONS BETWEEN DEHNR AND DR. GARTH BOYD OF MURPHY FAMILY FARMS INC.BOTH PRIOR TO AND IMMEDIATELY AFTER DEHNR'S COMPLIANCE INSPECTION OF MARCH 20, 1996, AND ANY AND ALL OTHER CONVERSATIONS RELATED THERETO. ADDITIONALLY, I REQUEST THE FOLLOWING: 1. COPIES OF ALL DEHR'S REPORTS AND CORRESPONDENCE TO AND FROM MR HALL RELATIVE TO ALL INSPECTIONS OF ALL HIS HOG OPERATIONS INCLUDING, BUT NOT LIMITED TO, A CERTIFIED, RETURN RECEIPT REQUESTED LETTER FROM DEHNR TO MR. HALL DATED FEB. 27 (YEAR UNKNOWN). 2. COPIES OF RESULTS OF All ANALYSES AND CALCULATIONS OF ALL WASTE SAMPLES COLLECTED BY MR. HALT, FOR THE PURPOSE OF LAND APPLICATION RELATIVE TO ALL MR. HALL'S HOG OPERATIONS. 3. COPIES OF ALL LAND SURVEYS AND ANY AND ALL OTHER RECORDS RELIED UPON BY DEHNR IN ASCERTAINING THE ACREAGE AREA OF SUBJECT FACILITY'S SPRAY AREA. FINALLY, I REQUEST DEHNR'S STATED POSITION AS TO EXACTLY WHAT BOTH THE WATER AND THE AIR QUALITY DIVISIONS CAN AND WILL DO ABOUT THE AIR POLLUTION IN MY NEIGHBORHOOD AND AT MY HOME CAUSED BY MR. HALL'S HOG OPERATION, AND HIS MANAGEMENT THEREOF. IF FOR ANY REASON YOU ARE UNABLE TO COMPLY WITH MY REQUEST THEN PLEASE CONSIDER THIS CORRESPONDENCE TO BE MY FREEDOM OF INFORMATION ACT (FOIA) REQUEST. SINCERELY; RAILEY E. WILLIAMS cc: MR. DONALD H. HALL DR. GARTH BOYD MS. MARILYN STOWELL ALL PENDER COUNTY HEALTH BOARD MEMBERS, AND DIRECTOR ALL PENDER COUNTY COMMISSIONERS enclosure NOVEMBER 18, 1996 - CERTIFIED MAIL, RETURN RECEIPT REQUESTED RAILEY E. WILLIAMS 2225 FENNELL TOWN ROAD ROCKY POINT, N. C. 28457 MS. MARILYN M. STOWELL USDA, NATURAL RESOURCES AND CONSERVATION SERVICE 320 CHESTNUT STREET WILMINGTON, N. C. 28401-4093 DEAR MS. STOWELL: PLEASE CONSIDER THE ENCLOSED COPY OF CORRESPONDENCE ADDRESSED TO MR. RICK SHIVER OF THE NCDEHNR DATED NOVEMBER 18, 1996 TO BE MY REQUEST OF YOUR AGENCY FOR THE SAME INFORMATION AND UNDER THE SAME CIRCUMSTANCES. ONLY RECENTLY DID MR. HALL PLANT ANY GRASS AT ALL, AND IT IS A WINTER CROP. HE HAS NOT YET INSTALLED ANY BERMUDAGRASS AND HE HAS NOT INSTALLED A THREE TO FIFTEEN FEET WIDE PERMANENT GRASS FILTER STRIP ALONG DITCHES. THE LAGOON DAM AND OTHER AREAS OF THE LAND FACILITY APPEAR TO HAVE WASH -OUTS AND EROSION TAKING PLACE. STENCH FROM THE OPERATION ALMOST ALWAYS PREVAILS AND FOR THE PAST TWO WEEKS IT HAS BEEN UNBEARABLE. SINCERELY; RAILEY E. WILLIAMS cc: DONALD H. HALL DR. GARTH BOYD RICK SHIVER ALL PENDER COUNTY HEALTH BOARD MEMBERS, AND DIRECTOR ALL PENDER COUNTY COMMISSIONERS enclosure Donald H. Hall 4615 HWY. 133 JUN 111996 Rocky Point, NC 28457------------------------ June 9, 1996 Mr. David R. Holsinger, Environmental Engineer Division of Environmental Management Water Quality Section 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Re: Donald Hall Farm QPD Facility: 71-72 Pender County Dear Mr. Holsinger: This letter is in reference to your correspondence dated May 24, 1996 and received by me on May 29, 1996. Below you will find a discussion of the actions taken to remain in compliance with my waste management plan. My plan called for the sprigging of Coastal Bermuda hay in the spring of 1996. In preparation for this and in an effort to maintain an acceptable level of freeboard in my lagoon, I applied waste during the time mentioned in your correspondence. The application of the waste was within thirty days of the planting season for Coastal Bermuda hay. Unfortunately, I was unable to have the hay sprigged during the season due to the unavailability of quality sprigs and due to the weather. I contacted Bryant M. Spivey, Assistant Agriculture Agent, with the NC Cooperative Extension Service to establish a backup waste management plan. Mr. Spivy recommended that I drill pearl millet at a rate of twently pounds per acre for a summer growing crop. This has been accomplished. Additionally, oats will be planted in the fall for a winter growing crop as recommended by Mr. Spivey. In the spring of 1997 after harvesting the oats, Hybrid Bermudagrass will be sprigged. Please let me know if there are other actions which need to be taken. It is my fullest intent to remain in compliance. Sinc ely, Donald H. Hall � 5" o State of North Carolina Department of Environment, Health, and Natural Wilmington Regional Office James B. Hunt, Jr. Division of Environmental Management Governor Water Quality Section May 24, 1996 Certified Mail # Z 405 621 564 Return Receipt Requested Donald Hall 4615 Hwy. 133 Rocky Point, NC 28457 Resources Subject: Donald Hall Farm QPD Facility: 71-72 Pender County Dear Mr. Hall: Jonathan B. Howes Secretary On March 20, 1996, in response to a complaint, Staff from the Wilmington Regional Office of the Division of Environmental Management inspected your animal operation and the lagoon(s) serving this operation. It was observed that the lagoon had 1 foot and seven inches of freeboard, the minunum acceptable under the current rules. In addition, the spray fields were saturated and had apparently been recently utilized. These fields do not appear to have an appropriate cover crop at this time. Application of animal waste to any field without an appropriate cover crop is not consistent with best management practices and is a violation of the animal waste rules. You will need to establish and maintain the appropriate crop and acreage rotation required by USDA-NRCS requirements. USDA -MRCS requirements specify that animal waste shall be applied on actively growing crops. And that waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop on bare soil. To remain a deemed permitted facility, you must notify this office in writing within fourteen (14) days of the receipt of this notice, what actions will be taken to comply with your waste management plan. Failure to do so may result in the facility losing it's deemed permitted status and being required to obtain an individual non discharge permit for the facility. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-3900 0 Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Z 405 621 564 Receipt for _ Certified Mail 1 ttttttttttttttttttf� No Insurance Coverage Provided do not use for International Mail ' (See Reverse) ac t A O M 9 LL t to tr t and Ivo. State and ne Postage t -Certified Fee :8peciallDaliverylFee Restricted Delivery Fee Return Receipt Showing t to Whom & Date Delivered L ` O Return Receipt Showing to Whom, Date. and Addressee's Address TOTAL Postage & Fees .S Postmark or Dat Mr. Donald Hall May 24, 1996 Page 2. Please be aware it is a violation of North Carolina General Statutes and Rules to discharge wastewater to the surface waters of the State without a permit and/or to fail to follow a certified waste management plan. The Division of Environmental Management has the authority to levy a civil penalty of not more than $10, 000 per day per violation. Again, when the required corrective actions are complete, please notify this office in writing at the address provided. If you have any further questions concerning this matter, please call David Holsinger or Dave Adkins at 910-395-3900. Sincerely, David R. Holsinger Environmental Engineer cc: DEM Operations Branch Maryln Stowell, Pender County Soil and Water Conservation Tom Jones, NC Division of Soil and Water Conservation Dr. Garth Boyd, Murphy Family Farms Wilmington Files s:lwgsldavehlpender171-72.let . . "-;24/05 '00 20:14-->3502004 Pg. 01/02 CAPE FEAR COMPUTER CHA7WR 4951LrA7VP UHYDRrM W&M GTON, NBC 28403 ,PH.. 392-7778 FAX 432--9889 TO: FAX NUMBER 3 O - c)-,0 09 FROM: NUMBER OF PAGES: (INCLUDING COVER) 24/05 '00 20:14 -->3502004 Pg. 02/02 June 9, 1996 Donald H. Hall 4615 HWY. 133 aRncky Point, NC 28457 Mr. David P, Holsh*ff, E m*Omnentai Enganar Divisor ofEnvlronrnental Managenmo Water Quality Section 127 Cardinal Drivc Extension VMinb tgton, North Carolina 29405-31945 Re: Donald Hall Farm QPD. Fact'Iity: 71-72 gender County Dear Mr. Holdoger. Tlds letter is in reference to your correspot &ux dated May 24, 1996 and recoived by me on May 29, 1996. Below you will find a discussion of the actions taken to remain in compliance with my waste management plan. My plan called for the sprigging of Coastal Bermuda hay in the spring of 1996. In preparation for this and in an effort to maintain an acceptable level of freeboard in my lagoon, I applied waste during the time motioned in your correspondence. The application of the waste was within thirty days of the planting season for Coastal Bermuda hay. Unfortunately, I was unable to have the hay sprigged dwing the season due to the unavailability of quality SPA and due to the weather. I contacMl Bryant M. Spivey, Assistant Ag mAturc Agent, with the NC Cooperative Fwamon Service to establish a badmp waste management plan. Mr. Spivy recommended that I drill pearl millet at a rate of twent ypounds per acre for a mmnw growing crop. Pas has beon accompltsbed. Addrttart ay, oats Will be planted in the fall for a Witter growing crop as remnmended by Aft. Spivey. In the spring of 1997 after harvesting the opts, Hybrid Bmrmudq"w wit! be W%gad. Pkaw lct me knr w if there are other actions which need to be taken. It is nw fullest intent to remaia in compliance. Sinoa*oO,atcC ij - ) 1 -.W/ .Donald IT M r State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, P.E., Director Mr. Railey E. Williams 2225 Fennell Town Road Rocky Point, NC 28457 Dear Mr. Williams: A4 �EHNFi This letter is in response to your inquiry concerning the recent inspections of the Donald Hall (QPD) Farm. On March 20, 1996, in response to a complaint, staff from the Wilmington Regional Office of the Division of Water Quality inspected Donald Hall Ponderosa Farm (QPD) animal operation and the lagoon(s) serving the operation. It was observed that the lagoon had 1 foot and seven inches of freeboard, the minimum acceptable under the current rules. In addition, the spray fields were saturated and had apparently been recently utilized. These fields did not appear to have an appropriate cover crop at that time. Application of animal waste to any field without an appropriate cover crop is not consistent with best management practices. No discharge of waste was observed at this time. Mr. Hall and Dr. Garth Boyd of Murphy Farms were contacted by telephone prior to and immediately after the compliance inspection. Staff apparently attempted to contact you from the facility following the inspection, but were unsuccessful at that time. Mr. Hall was officially notified on May 29, 1996, to establish and maintain the appropriate crop and acreage rotation required by USDA-NRCS requirements. In addition, Mr. Hall was notified that to remain a deemed permitted facility, he must notify this office in writing within fourteen (14) days of the receipt of the notice, what actions will be taken to comply with the waste management plan. On June 11, 1996, this Office received a written response from Mr. Hall detailing an action plan to address the concerns expressed by Division staff. Mr. HaII has contacted the N.C. Cooperative Extension Service and has received assistance in establishing an acceptable cropping system. On July 15, 1996, Division staff re -visited Mr. Hall's facility. It was observed that according to Mr. Halls staff guage the lagoon had insufficient freeboard at that time. However, it appears that the staff gauge at this facility was not installed correctly and provides an inaccurate measurement. Mr. Hall is in the process of re -installing the gauge at the proper level. An orange coloration in the ditches was observed in and around the area of the operation. This coloration resulted from field runoff due to the recent tropical storm, not due to the existence of animal waste in the watercourse. Again, no discharge was observed from the facility at the time of the inspection. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Mr. Railey Williams August 6, 1996 Page 2. It is the Division's policy to investigate citizen complaints and to respond to non -anonymous complaints in a timely manner. Our records indicate that your complaint was investigated the same day it was received. However, we did not follow-up to assure that you were informed of our findings and I apologize for that oversight. Please accept this letter as a response to your inquiry. As public servants we endeavor to provide the most satisfactory service possible to the citizens of North Carolina. If you have any further questions, please contact me at 910-395-3900, ext:208. Sincerely, Rick Shiver, P.G. Regional Supervisor cc: Richard Thomas, Pender County Health Department Harlan Britt Steve Tedder Wilmington Files sAwgslrwillms.let q4 StA2Z b N. C• DIVISION OF ENVIRONMENTAL MANAGEMENT COMPLAINT/EMERGENCY REPORT FORM WILMINGTON REGIONAL OFFICE 2-6 4 e I 3 P�-k onergency: Cmplaint: >< County: F y �- - - - / • I, Camplalnant: Rrx s i P_� W 1 li l0. ✓�� Address: Phase No. Carl>plaint or Incident: P, u'L AV--m La-- F-a. ✓ram- ' 1.(' as? X� t.L, , ,, () & '/allli.�iL.�L.i�iRwi r. L1 w . r IT V— ,! . , ,n rs 1- d. 1 2 t n L ,f F'tr Time and Irate O=urred: i Location of Area Affected: Surface Waters Involved: Groundwater Involved: Other: Other Agencies/Sections Notified: investigation Details: I'I?� yJ�U�Gr/H 5 :si'✓tom I' r V9 :7 r :UL- Hj &U%r-- A%_11/L- IUZI cL�L,.yi �jfadz S'g"'Le F'�1[wJ�-' /�U�/ �f`Ll: 7,rr'f�� 151� yyl--&+Cz- Investigator: - Date:_ EPA Region IV (W047-W2 Pesticides 73345% Lf nMeney Managentew 733-3867 Saud and Hazardous Waste 733-2178 Marine Fisheries 726-7021 Water Supply Branch 733 2321 Wr7d!{je Resoureer 733-7291 U.S. Coast Guard MSO 3434981 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary L13y. A. Preston Howard, Jr., P.E., Director Donald Hall Ponderosa 4615 Hwy 133 Rocky Point NC 28457 Dear Donald Hall: MAY 15 1998 May 11, 1998 JCDENR Subject: Certificate of Coverage No. AWS710072 Ponderosa Swine Waste Collection, Treatment, Storage and Application 'System Pender County In accordance with your application received on March 3, 1998, we are forwarding this Certificate of Coverage (COC) issued to Donald Hall, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. This approval small consist of the operation of this system including, but not limited to, the management of animal waste from the Ponderosa farm, located in Pender County, with an animal capacity of no greater than 3672 Feeder to Finish 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 December 31, 2001. 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 wil1 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. 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 AWS710072 Ponderosa Page 2 This COC is not automatically) transferable. A name/ownership 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 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 Katharine Keaton at (919) 733-5083 ext. 533. Sincerely, 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 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director June 26, 1998 Donald Hall Ponderosa 4615 Hwy 133 Rocky Point NC 28457 A14 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES Subject: Reissuance of Certificate of Coverage No.AWS710072 Ponderosa Swine Waste Collection, Treatment, Storage and Application System Pender County Dear Donald Hall: The Division of Water Quality modified the Swine Waste Operation General Permit originally issued to this facility on May 11, 1998. In accordance with the issuance of the revised General Permit, we are forwarding this Certificate of Coverage (COC) to Donald Hall, 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 Ponderosa, located in Pender County, with an animal capacity of no greater than 3672 Feeder to Finish 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, and shall hereby void COC No AWS710072 dated May 11, 1998. The COC shall hereby incorporate by reference any specific conditions of the previous COC issued to this facility. The purpose of this COC is to allow coverage under the revised General Permit. Please review the revised General Permit (enclosed) and pay particular attention to Condition 11.10 regarding tree removal from lagoon embankments, Condition III.1 regarding inspection frequency of the waste treatment, storage and collection system and Condition I11.6 regarding notification requirements for system failures, spills and emergencies. 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. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Certificate of Coverage AWS710072 Ponderosa Page 2 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 name/ownership 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 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 Mike Lewandowski at (919) 733-5083 ext. 362. Sincerely, for 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 State of North Carolina Department of Environment and Natural Resources Division of Water Quality �h�' +� p�MAY 14 ~1988 Non -Discharge Permit Application Form � (THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) By. General Permit - Existing Liquid Animal Waste Opera jo The following questions have been completed utilizing information on file with the Division. Please review the information for completeness and make any corrections which are appropriate. If a question has not been completed by the Division, please complete as best as possible. Do not leave any question unanswered. I. GENERAL INFORMATION: 1.1 Facility Name: 1.2 Print Land Owner's name: Donald Hall 1.3 Mailine address: 4615 Hwv 133 City, State: Rocky Point NC Zip: 28457 Telephone Number (include area code): 910-675-0473 1.4 County where facility is located: 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): NC 133 1.6 Print Farm Manager's name (if different from Land Owner): 1.7 Lessee's / Integrator's name (if applicable; please circle which type is listed): _Murphy Family Farms 1.9 Date Facility Originally Began Operation: 5-24-95 1.9 Date(s) of Facility Expansion(s) (if applicable): 2. OPERATION INFORMATION: 2.1 Facility No.: 71 (county number); 72 (facility number). 2.2 Operation Description: Swine operation Feeder to Finish 3672- Certified Design Capacity Is the above information correct? M yes; E--I no. If no, correct below using the design capacity of the facility The "No. of Animals" should be the maximum number for which the waste management structures were designed. Tyne of Swine No. of Animals Type of Poultry No. of Animals Tyl2c of Cattle No. of Animals 0 Wean to Feeder 0 Layer 0 Dairy 0 Feeder to Finish 0 Non -Layer 0 Beef 0 Farrow to Wean (# sow) 0 Turkey 0 Farrow to Feeder (# sow) 0 Farrow to Finish (# sow) Other Type of Livestock on the farm: No. of Animals: FORM: AWO-G-E 1/26/98 Page 1 of 4 f 2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application system): 29.3 : Required Acreage (as listed in the AWMP): 26,3 2.4 Number of Lagoons: 1 ;Total Capacity:10 2 �u i OFeet ft3 Required Capacity:6 8 $ 8 ft3) g — { )� 9 Number of Storage Ponds: ; Total Capacity: (ft3); Required Ca acity: (f(3) 2.5 Are subsurface drains present within 100' of any of the application fields? YES or NO (please circle one) 2.6 Are subsurface drains present in the vicinity or under the lagoon(s)? YES o NO (please circle one) 23 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, NRCS Standards, etc.) (Swine Only) YES or NO (please circle one) What was the date that this facility's swine, houses and lagoon were sited? 8-2— What was the date that this facility's lard application areas were sited? 3-24-94 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. 3.1 One completed and signed original and one copy of the application for General Permit - Animal Waste Operations; 3.2 Two copies of a general location map indicating the location of the animal waste facilities and field locations where animal waste is land applied; 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. 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. 33.6 The Reahstic Yield Expectation (RYE) 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. t 3.3.9 The required NRCS Standard specifications. 3.3.10 A site schematic. 3.3.11 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. 3.3.14 Mortality Control Checklist with the selected method noted. If your CAWMP includes components not shown on this list, please include the additional components with your submittal. Applicants Initials pf/ D� 0-V FORM: AWO-G-E 1/28/98 Page 2 of 4 Facility Number: 71 - 72 Facility Name: Ponderosa 4. APPLICANT'S CERTIFICATION: 1, QD66^4. 2.4 / J&g (Land Owners name listed in question 1.2), attest that this application for (Facility name listed in question 1.1) has been reviewed by me 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 if all required supporting information and attachments are not included, this application package will be returned me as inc plete. Signature :41 , )k Date ` 5. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner) I, (Manager's Name listed in question 1'.6), attest that this application for (Facility name listed in question 1.1) has been reviewed by me 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 if all required supporting information and attachments are not included, this application package will he returned as incomplete. Signature Date THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: 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 1/28/98 Page 3 of 4 li WASTE UTILIZATION PLAN ---------------------- Owners name --:Donald Hall County:Pender Mail Address -:Rocky Point, NC 28457 Type of production unit----:Feed-Fin Number of animal units------: 3672 Type of waste facility -----:Anaerobic Lagoon Temporary storage period---: 180 days Method of application ------ :Irrigation Amount of animal waste produced-----------------: Amount of plant available N produced by animals-: Commercial N to apply on planned acre age --------. I Wg RR CEIVED 4i t7y. rr�VON 1..:. °5 NQlr.[liGrh�rn� pp1T17i�tiClC - r. _ , . _ l 6977 tons/year 8446 lbs./year 0 lbs./year Your animal waste utilization plan has been specifically developed for your swine operation. The plan is based on the soil types, crops to be grown, and method of application for your particular operation. The waste must be land applied at a specified rate to prevent pollution of surface and/or ground water. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops where the waste is to be applied. This waste utilization plan uses nitrogen -as the limiting nutrient. Waste should be analyzed before each application cycle and annual'soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates and leaching potential. Waste shall not be applied to land eroding at greater than 5 tons per acre per year. Do not apply waste on saturated soils or on'land when the surface is frozen. Either of these -conditions may result in runoff to surface waters. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or not more than 30 days prior to planting. Soil incorporation of waste will conserve nutrients and reduce odor problems. I f_. Page 2 The acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Annual acreage requirements may be more or less based on the waste analysis report for your waste management facility. YOUR WASTE UTILIZATION PLAN IS BASED ON THE FOLLOWING: Tract Field Soil Crop Yield Lbs. N Acres Lbs. N Month to No. No. Type Code /Acre /Unit Used Apply 7108 1 Non K 0 1.00.00 980 S-APRIL 7108 1 NoB B 5.2 50.00 9.8 2548 MAR-OCT 7108 2 Non K 0 100.00 490 S-APRIL 7108 2 NoB B 5.2 50.00 4.9 1274 MAR-OCT 7108 3 GoA K 0 10.0.00 280 S-APRIL 7108 3 GOA B 5.5 -50.00 2.8 770 MAR-OCT 7108 6 Non K 0 100.00 880 S-APRIL 7108 6 Non B 5.2 50.00 8.8 2288 MAR-OCT Total 26.3 9510 Available Nitrogen (includes commercial) 8446 Surplus Or Deficit -1064 Crop codes: Crop -unit A=Barley-bu I=Oats-bu. B=Bermudagrass(graze)-tans J=Rye-bu. C=Bermudagrass(hay)-tons K=Small grain(graze)-acre D=Corn(grain)-bu. L=Small grain(hay)-acre E=Corn(silage)-tons M=Sorghum(grain)-cwt. F=Cotton-lbs. lint W=wheat-bu. G=Fescue (graze) -tons Y=Fescue (pasture) -tons H=Fescue(hay)-tons Z=Bermudagrass(pasture)-tons Acres to Overseed 9.8 4.9 2.8 8.8 26.3 Page 3 If more commercial fertilizer is used than shown in this plan, then additional acres of land may be needed. A three to fifteen feet wide permanent grass filter strip should be seeded along all ditches in fields that receive animal waste. Additional comments: -------------------- ------------ p_------------------ ------ ,--- ---------------- Prepared by: L'. ' o ,� _ _ _ _ title C:,5'. C. -Date: Concurred in by: ,,�. )Jai- Date: Producer I,understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event.. I also certify that the waste will be applied.on the land according to this plan at the appropriate times and at rates that no runoff occurs. �' • Date :,.57.2 9- 7S Producer Technical Specialist; r. CHO-k ; xr Date. S•24-fi- (Copy to producer and'copy to -case file) 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 problem. 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 Emergency Action. Plan is as follows: I. Stop the release of wastes. Depending on the situation, this may not be possible. Suggested responses to problems are listed below: a Lagoon overflow - possible solutions are: > Add soil to berm to increase elevation of dam > Pump wastes to fields at an acceptable rate > Stop all additional flow to the lagoon (waterers) > Calla pumping contractor > Make sure no surface water is entering the 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: . t > Pipes and sprinklers -actions include: -stop 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 r Ei nerrgency Action Plan Page -2- 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 noted, such as employee injury, fish kills, or property damage? 3. Contact appropriate agencies. The numbers are listed below: a. During normal business hours, call your DWQ.(formerly DEN) regional office (910) 395 -3900, Emergency number: (919) 733-3942. Your phone call should include: your name, facility, telephone number, the details of the 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 situatlom b. If spill leaves property or enters surface waters, call local EMS (910) 259-1210 or 911. c. Instruct EMS to contact local Health Department (910) 259-1233. _ _.d. Contact.CES.(910) 259-1235, and local SWCD and NRCS office 01a).259- 4305 for adviceltechnical assistance. e. Contact your swine company 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. VON ".1 , A(t VOE) 'Flow OON EIGN 1,—, — VLuj 14.1 -WAN ju ', NA ,e% Rl PA, :W rk' mmim mll s ^ I au III I I S` Ll 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 applicationfor 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 la 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 a 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 1, 1995), 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. 16. 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. 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 Mortality Management Methods {check which method(s) are being implemented) ❑ Burial three feet beneath the surface of the ground within 24 hours after knowledge of the death. The burial must be at least 300 feet from any flowing stream or public body of water. O Rendering at a rendering plant licensed under G.S. I06-168.7 ❑ Complete incineration ❑ In the case of dead poultry only. placing in a disposal pit of a size and design approved by the Depawnent of Agriculture C3 'Any method which in the professional opinion of the State Veterinarian would make possible the salvage of part of a dead animal's 'Value without endangering human or animal health. - (Written approval of the State Veterinarian must be J attached) NAME OF. LANDOWI�jER DATE 3.c7-9�' ECHNICAL SPECIALIST DATE December 8. 1996 Insect Control Checklist for Animal Operations Source Cause RhM to Control Insects Site Specific Practices Flush Gutters • Accumulatiori.orsolids Flush system is designed and operated suliiciently to remove accumulated solids from utters as designed. Remove bridging of accumulated solids at •�... _ _ ._ .d�tsciraree Lagoons and Pits — •-_,Crusted Solids Heinlein tapoon% settling basins and pits where pest breeding is apparent to minimize the crusting of solids to a depth of no more than 6 - 'inches over more than 309�. of surface. Excessive Vegetative • Decaying vegetation ,Q( Maintain vegetative control along banks of Growth / lagoons and other impoundments to prevent accumulation of decaying vegetative matter along waters edge on impoundment's perimeter. Dry Systems Feeders • Feed Spillage 0. Design, operate and maintain feed systems (e.g., bunkers and troughs) to minimize the accumulation of decaying wastage. 13 Clean up spillage on a routine basis (e.g., 7 - 10 day interval during summer; 15-30 day interval during winter). Feed Storage • Accumulations of feed residues 0 Reduce moisture accumulation within and around immediate perimeter of feed storage areas by insuring drainage away from site (i! and/or providing adequate containment (e.g., covered bin for brewers grain and similar high moisture grain products). O Inspect for and remove or break up accumulated solids in filter strips around feed storage as needed. .0 -November 11, 1996, Page 1 Source Cause BMPs to Control Insects. Site Specific Practices Animal Holding Areas -' • Accumulations of animal wastes 0 Eliminate low areas that trap moisture along -•_..._ and feed wastage fences and other locations where waste • accumulates and disturbance by animals is minimal. : �� 0 Maintain fence rows and filter strips around animal holding areas to minimize accumulations of wastes (i.e., inspect for and remove or break up accumulated solids as needed). Dry Manure Handling • Accumulations of animal wastes 0 Remove spillage on a routine basis (e.g., 7 - 10 Systems day interval during summer, 15-30 day interval during winter) where manure is loaded for land 1 L G application or disposal. / 0 Provide for adequate drainage around manure stockpiles. ti 0 inspect for and remove or break up accumulated wastes in filler strips around stockpiles and manure handling areas as needed. For more information contact the Cooperative Extension Service, Department of Entomology, Box 7613, North Carolina State University, Raleigh,.NC, 27695-7613. 1:ARMOWNER DATE ECHNICAL SPECIALISTS `. DATE At .ovember 11, 1996, Page 2 Swine Farm Waste Management Odor Control. Checklist '.i Source- Cause - BM]Ps to Minimize Odor Site Specific Practices - F=';':ad • - Swine production egetadve or wooded buffers; ecornmended best management practices; ood judgment and common sense Animal body surfaces' • Dirty manure -covered animals �El Dry floors f Floor surfaces • Wet manure -covered floors Clotted floors-,— - --- - /� aterers located over slotted floors; ceders at high end of solid floors; Scrape manure buildup from floors; "nderfloor ventilation for drying Manure collection pits • Urine; .0 Kequent manure removal by flush, pit recharge, • Partial microbial decomposition or scrape; Olnderfloor ventilation Ventilation exhaust fans • Volatile gases; �1 an maintenance; Dust / Icient air movement * Dust ashdown between groups of animals; Feed additives; 3 ,Feeder covers, d .teed delivery downspout extenders to feeder Flush tanks • Agitation of recycled lagoon ush lank covers; liquid while tanks arc fillingxtend fill lines to near bottom of tanks with anti -siphon vents • Flush alleys Agitation during wastewater - (3 Underfloor !lush with underfloor ventilation conveyance Pit recharge points • Agitation of recycled lagoon 0_ Extend recharge lines to near bottom of pits re filling liquid while pits am , 'with anti -siphon vents ' + Lift stations - • Agitation during sump tank - O 'Sump lank covers - /Q i'• s filling and drawdown Outside drain collection - • Agitation during wastewater O -',Box covers orjunction boxes ... conveyance I - November 11.1996, Page 3 Source Cause HMPs to Minimize Odor Site Specific Practices End of drainpipes at • Agitation during wastewater Extend discharge point of pipes underneath lagoon conveyance agoon liquid level •. _ Lagoon surfaces • Volatile gas emissions; per lagoon liquid capacity; • Biological mixing; orrect lagoon startup procedures; • Agitation imum surface area -to -volume ratio; ZMinimum agitation when pumping; 17 Mechanical aeration; O roven biological additives Irrigation sprinkler • High pressure agitation; igate on dry days with little or no wind; nozTles • Wind drift inimum recommended operating pressure; Pump intake near lagoon liquid surface; © Pump From second -stage lagoon Storage tank or basin • Partial microbial decomposition; 0 Bottom or midlevel loading; surface + Mixing while filling; O " Tank covers; • Agitation when emptying p Basin surface mats of solids; r 1144 ` .0- Proven biological additives or oxidants Settling basin surface + Partial microbial decomposition;_ ❑ Extend drainpipe outlets underneath liquid ,Q • Mixing while rifling; level; • Agitation when emptying (] Remove settled solids regularly Manure, slurry or sludge • Agitation when spreading; 0 Soil injection of slurry/sludges; spreader outlets • Volatile gas emissions T) Wash residual manure from spreader after use; M 1 ! Al D 'Proven biological additives or oxidants Uncovered manure, • Volatile gas emissions while 0 Soil injection of slurry/sludges slurry or sludge on field drying ,.`; .Cl Soil incorporation within 48 hrs.; lQ surfaces I] Spread in thin uniform layers for rapid drying; \C3 Proven biological additives or oxidants Dead animals + Carcass decomposition •,Proper disposition of carcasses Iliad animal disposal • Carcass decomposition ❑' Complete covering of carcasses in burial pits', pits 0 Proper local ion/conslrucl ion ofdisposal pits Incinerator • Incomplete combustion 0 Secondary stack bumers � lQ )C -November 11,1996, Page 4 Source Cause / BMPs. to Minimize Odor Site Snecif[e Practices water facilities . Microbial decomposition of organic matter Grade and landscape such that water drains away from facilities Manure tracked onto • Poorly maintained access roads Farm access road maintenance public roads from farm access Additional Information : Available From: Swine Manure Management; 0200 RuWBMP Packet NCSU, County Extension Center Swine Production Farm Potential Odor Sources and Remedies ; EBAE Fact Sheet NCSU-BAE Swine Production Facility Manure Management: Pit Recharge - Lagoon Treatment ; EBAE 129-88 NCSU - BAE Swine Production Facility Manure Management: Underfloor Flush - Lagoon Treatment; EBAE 129-88 . NCSU-BAE Lagoon Design and Management for Livestock Manure Treatment and Storage; EBAE 103-83 NCSU - BAE Calibration of Manure and Wastewater Application Equipment; EBAE Fact Sheet NCSU-BAE Controlling Odors from Swine Buildings; PIH-33 NCSU - Swine Extension Environmental Assurance Program ; NPPC Manual NC Pork Producers Assoc Options for Managing Odor; a report from the Swine Odor Task Force NCSU Agri Communications Nuisance Concerns in Animal Manure Management: Odors and Flies ; PRO107, 1995 Conference Proceedings Florida Cooperative Extension Sr,u ?j )�4& FARMOWNER TECHNICAL SPECIALISTS ` - November l 1, 1996, Page 3 DATE DATE a 0 April 8, 1998 V �U Ms. Katharine Keaton DEHNR P. O. Box 29535 Raleigh, North Carolina 27626-0535 Re: Additional Information Request Ponderosa Farm Facility # 71-72 Dear Ms. Keaton: Enclosed you will find the additional information that you requested in your letter dated March 16, 1998. 1 have provided this information in duplicate as you requested. If there is any further information that is needed, please let me know. Sincerely, pQh4"O_� k-�_f Donald H. Hall 4615 HWY 133 Rocky Point, North Carolina 28457 S, 1 UNITED STATES DEPARTMENT OF AGRICULTURE ------------- SOIL CONSERVATION SERVICE ---------------------------------- WASTE MANAGEMENT FACILITY SITE EVALUATION GENERAL INFORMATION ------------------------ ------------------------ TELEPHONE--S't-O--"53 ______-_ LOCATION--- -� Fri= --- ------------------ SIZE OPERATION`_---= LOCATION DATA DISTANCE FROM NEAREST RESIDENCE NOT OWNED 5Y PRODUCER -°n S-FT. ` IS SITE WITHIN 100-YEAR FLOOD PLAIN? YES----- NO - If yes, SCS cannot provide assistance. IS SITE AT LEAST 100 FT. FROM A "BLUE LINE" PERENNIAL STREAM? YES--- NO ---- If no, site must be relocated. IS SITE WITHIN 1 MILE ZONING -JURISDICTION OF A MUNICIPALITY? YES------ NO - if yes, landowner should consult with local zoning board about required permits. Permits must be obtained prior to design approval. Are utilities in construction area? YES----- NO - If yes, see Part 503 of the National Engineering Manual and follow policy. (Copies of maps or other reference materials may be attached to site evaluation.) Page 1 1 WETLANDS WILL SITE INVOLVE CLEARING WOODLAND OR ANY NON --CROPLAND? YES------ NO ---- If yes, producer gust complete a Form AD-IO2 6 . WILL ACTION RESULT IN SWAMPBUSTING? YES---- NO-`-�- IF WETLANDS ARE INVOLVED, IT IS THE RESPONSIBILITY OF THE PRODUCER TO CONTACT THE US ARMY CORP OF ENGINEERS AND THE DIVISION OF ENVIRONMENTAL MANAGEMENT TO DETERMINE IF ADDITIONAL PERMITS ARE REQUIRED. NO WETLANDS SHOULD BE ALTERED UNTIL PRODUCER RECEIVES WRITTEN APPROVAL FROM SCS, US ARMY CORP OF ENGINEERS AND NC DIVISION OF ENVIRONMENTAL MANAGEMENT. (A copy. of AD-1026 and CPA-026 should be attached to site evaluation.) OTHER ENVIRONMENTAL FACTORS IS ENDANGERED AND/OR THREATENED SPECIES HABITAT PRESENT? YES---- NO - IS A DESIGNATED NATURAL SCENIC AREA INCLUDED IN THE PLANNING AREA OR WILL PLANNED ACTIONS IMPACT ON AN ADJACENT NATURAL SCENIC AREA? YEP---- NO-y - IS AN ARCHAEOLOGICAL OR HISTORICAL SITE LOCATED IN THEE' PLANNED AREA? YES---- NO ---- ARE THERE PRIME, UNIQUE, STATE OR LOCALLY IMPORTANT FARMLANDS IN THE OPERATING UNIT? YES----- NO - WILL THE ACTION RESULT IN SODBUSTING? YES---- NO ---- If yes to any ofi' these quest�oA's, refer to form NC--CPA-16 for policy sources. The form does not need to be completed. ODOR CONTROL HAS ODOR CONTROL BEEN DISCUSSED WITH PRODUCER. >/. ........PREDOMINANT WIND DIRECTION? YES---- NO---- ........ POSSIBLE. EXPANISION OF TREATMENT VOLUME FROM 1 CU.FT. UPWARDS TO 3 tU. FT. /LB. OF ANIMAL? YES---- NO------ ........PRECHARGING LAGOON WITH FRESH WATER TO AT LEAST 1/2 OF THE CAPACITY? YES---- NO---- ........USING GOOD SOUND JUDGMENT IN LAND APPLICATION OF WASTE? YES---- NO ----- Page 2 WASTE MANAGEMENT DOES PRODUCER OWN ENOUGH LAND TO PROPERLY LAND APPLY WASTE? YES-.3L NO ---- IF NO, DOES PRODUCER HAVE ACCESS TO MORE LAND? YES-V - NO ---- IF LAND IS NOT OWNED BY PRODUCER, CAN PRODUCER GET AGREEMENT ON LAND ON WHICH TO APPLY WASTE? YES----- NO ---- (Attach Waste Utilization Plan to site evaluation.) SOIL INVESTIGATION --- VALID ONLY IF SOIL INVESTIGATION SHEET ATTACHED IS SOIL SUITABLE FOR LAGOON? YES-------- NO------ ISA CLAY LINER REQUIRED? YES------- NO------ IFYES, IS CLAY AVAILABLE ONSITE? YES------ NO------ QUESTIONABLE--_-__.-- IS A CORE TRENCH REQUIRED? YES------- NO------ (Attachsoil-investigation sheet to site evaluation.) SITE APPROVED YES-Y --- NO------ CONDITIONAL-------- COI4MENTS------------------------------------------------- --------------- _---- -- f -.:-------------- --- THIS SITE INVESTIGATION IS VALID AS LONG AS THE DESIGN AND CONSTRUCTION OF LAGOON CONTINUES IN REASONABLE TIME PERIOD. UNDUE DELAYS OR HESITANCY IN CONSTRUCTION MAY REQUIRE THAT SITE EVALUATION BE INVALIDATED. SIGNATURE- 71/( Page 3 TYPES OF MATERIAL ENCOUNTERED IN SORINGS (Use one of systems below) UNIFIED CLASSIFICATION USDA CLASSIFICATION GW - Well graded gravels; gravel, sand mix GP - Poorly graded gravels GM -Silty gravels-. gravel -sand -silt mix GC -Clayey gravels; gravel -sand -clay mix SW -Well graded sands; sand -gravel mix SP - Poorly graded sands SM-Silty sand SC -Clayey sands' sand -clay mixtures ML -Silts; silty. v, fine: sands; sandy or clayey silt ¢ - gravel s - sand vf�--very fine sand sI-sandy 102nt fsI - fine sandy loam I - loam gl- gravelly loam si - silt sit -.silt loam CL -Clays of low to medium plasticity CH -inorganic clays of high plasticity MH - Elastic silts OL-Organic silts and silty clays, low plasticity cl -clay loans sicl- silty clay Foam - scl - sandy day loam sic -silty clay OH -Organic clays, medium to high plasticity c - clay L Suitable material for emb-z:k=ent is available to Q No U�dtmt* ar<1ese Insures an Mg tla�ch or. �r eldU JJ- �/ 7 / i� '� ��p REMARKS: T Y �` e S g h/ tF •// "• rr f - SM S/P r SLJvS T 5r nr`7`. c1K 5 r /�c•�1hT�r` 3 .. 0 -Zc .t,�s�li q/r9de� '>t+� (Gr is r�c7ue►rGCl- ""A-r.F-C� 071W, Jae a I`ti w 07"' / "f r/Q iI. �pSlf stir-eQ S o�1SC rCJr'��i -/� C ctrl! -_. �1C". Sc n t- t �`.�e- dI GI 1.11( i e C o to GTG l77�c t+5 k iiL�l L+C_. c1`Qra n i. GOFK`r`• re alr�GLi !k C S2. Explain hazard- requiring especial attention in desirm ise,escse. snrr.ey...ncF eh-) � � i5 r��ttic red) T�C +r`�LGI—C �.� e•SS Sk�i f �C "F�S�hCCL "�.�� / r ,h r e'_CLOrGY.nrCC GENERAI. AEMARI{S:`-��.., J-ter. 24 261 26 27 28 291301131 132 33 34 35 671 3T 3li 139114011415.42, 43 44 45 46 4T 48 49 50 51 . I . I . OPERATOR: e, 2,g NOTE: Design Requirement: lozare6 cu.ft. _ cu.yds. Estimate of Excavation: cu.'ft. = Z Sao cu.yds. Estimate of Pad & Dike: cu.ft. = Z,3S7? cu.yds. . Ratio Job Class 9- Z/- 9-5x Date Design By �'. e&V � Name Design Approval Name. Date TE NORTH OLINA a[AL _11; To; OaEIEcIS1STAAYFSS50.00 F HtNA REAL [STAY[ [AL [E f ¢,1� . 4� C[clae Tax � I i 0z FILED OR984PG303 '99 JUl 23 Pm `i z1 JOYCE if. �•Yr:.,�ca�� REG,!� ram;{ fr UtLI'J PENDE;�:iiifl�Y, 1.C. Recordlns TYme. Book and Pose TaxLot Nod."........-_............................................................................. parcel Identifier No. ...... ............... ...... ............................ .................. Verifiedby ............................................................... County on the ..-............. day of ... ......... ................ .-......-................. ............ by...................................... ............. ...... .... ......... ........................... ....... ...._..............-................._......................... :.............................. ............... _ Mall after recording to .. ..................... ................. ....... ........ ................................. ____ ... ......... .................... ........................ ..................... ._. ..............................................._..........-...._-....._............... .... .... ..... ............. ..-.................-...........-......... ....................................... his instrument was prepared by . _ arold.L.. Pollock, _.Attorney.. Pik. Law,._,Buigaw,...IVC._ _2842.5,. Brief description for the Index 81.63 acres Loilq Creek Township NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED trade this r_23rd..- day of ............ ...... ............... I?. `14..., by and between GRANTOR 1 GRANTEE Hubert R. Harrell and wife Catherine B. Harrell Donald H, Hall and wife Lou Harrell Hall Cater In appropriate block for roch party: namr, addrtss. and. 1f appropriate. rhameter of entity, a,I_ cw"tatioe or µrtncrshlp. The designation Granter and Grantee as used herein shall include said'parties, their heirs, successors, and assigns, and Shall include singular, plural, masculine, feminine or neuter as required by Context WITNESSETH. that the Grantor. for a. valuable cansideration paid by the Grantee. the receipt of, which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all thst certain lot or parcel of land situated in the city of .. ............. ... ..... .............. , ......Long. Creek........... Township, nde ..............Per County, North Carolina and more particularly described as follows: That certain tract of land lying in Long Meek Township, described as follows: BEGRCUNG at a stake on the Northern edge of Herring's Chapel Road, leading fray Burgaw to Long Creels, Garlis Fennell's corner, and runs thence North 2e 30' West with a ditch and beyond the turn of said ditch 1600 feet -to a black gum in Straight Branch; thence south 80e and 30' East with Hugh MacRae's line 2,896 feet to two small guns in a Brandt; thence 129 30' Fast 956 feet to a stake in the Northern edge of said Herring's Chapel Road; thence with the North edge of said Road South 88' west 1,000 feet to a turn in said Road; thence with the Northern edge of said Road South 86' West 1740 feet of another turn of said Road; thence iwht the Northern edge of said Road South 69' west 300 feet to the point of beginning, containing 81.63 acres, more or less. Said tract of lard being the same :tract conveyed to Janie McLendon Bell by A.H. McLendon and wife, by deed dated the 11th day of January, 1929, and recorded in Book 185, Page 17 of the Registry of Pender 07xity.ISee Book 199, Page 214 of the Pender'tbunty Registry. Recorded and Terl.!!ed joyoo U. S�Sadgood ry RogioLor of Deeds Pander Golmb7s Il0 1 tie_ ,�� N.C. Not Ataoe. IT-,- No, 1 a 101e. tar•Iwd Ialr. ` A�.14ti�*+ral. as �.11t1. i BK984PG304 The property hersinabove described was acquired by Grantor by inatrumeat rscordad In A map showing the above described property Is recorded in Plat Book .................................... PAWS .............. TO HAVE -AND TO HOLD the aforesaid lot or parcel of land and ali privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seised of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title Against the lawful claims of all persons whomsoever except for th'e exceptions hereinafter statad. Title to the property bereinabove described is subject to the following exceptions. L ON wKNtas wazator. Abe oraleter &A, h.n■nq set Jit least..I wal, At 1( ryjNl(w I— F22 laurval la's. urue ba W Callers" .aaa by lla duly atlAbaala.d .rrkars add let w.l v 1. base"" affixed ►y .r/1� !fl lab Mora. la• L7 .W r.0 first a►ere rtnwa_ --------------------------------------------------------------- 'e .. dodolewIJ (Cedars" NaAAa) .: H rt rre 1 Hr- ------------•- .._- ` rune rrell .ATTieT: (.1 ~a . -••---•---------------------dodo•.--dodo-•-___--_------. ---(eSAG ................................ ----------------------------- m ........ -,rn....g7y---- A.er.tety (C■rleara" sew T -(CLAW ki IPener ( NORTH CAROLINA- -------------- ----------••-•----C.'.(7. fA n Z. a Malabar rah4e of no ce.n(y oad slate aforesaid. regally that •_HtlbM_RS_ Ha[rell------------- :_'..—dodo-._..___•___--..._.•---- Oraaur, 4 ' t' �] 1,..L �':• V o rer.eaan7 appeared bolero re Able say sad atluebkda.d Iht .X&CsUM of Abe f.r.r•(•i la.traa•a4 wll.aea OF la..d ..d effielal .salt At beat, Abl. _.23rdd.7 .r '...._JUt1F •_ _ •, ...- -. -,% �f ��QLllti ,••� -!• ,ffY/l(W� �1�� /1 1in1 )�{�/ dodo. .I.. ,•e• H7 a.larlaxliraa: .Y!Y..._..----•--��_�3=.d.-+•I.Wry rebut s LAL-eTAa(r NORTH CAROLINA- .---..-.---------------- Cesalr, ' - I. a N.laq r.hue .d Sl. Ca■ely bad ■fa" alarasald. ..tnfr ILS ...-------------------------------------- A lar"Al.7Iy rouse 11e141e r. dide day sad aekaerlydr.d Iasi ___. la le --------------------------- e.ere1417 td ■ ._.------- -------------------------------- ..___-_----_. a North Car.ltaa eerp.tattaa, 4.4 Ab." by ..AberH7 daily fire& and a. the pet of eau 9.r7eraW.. q. W.r.l.d uu,,aa..a/ w" al(e./ to He "ape by Rr ......... • rrool"At, sealed With Hs Carrarale a..l add atte."a by ........... A t4 ........................... 1.ueterr. Ill bey lead see afrkkl atano at ..A1, call ------- day al ------------ ------------- Ss......... dlytaratleelad tapir". --------- .........................................................•---. Notary rebut iTl. ferrse"a C•rtarket.(.1 a1 ............_----------------------•_-•__-------. .....___'__. ._._.___._.'--...._.___.••___'•_____' St._.---•----- - -...._'._...•_.• dodo. i...._'-•••----••-••-•••"••••---•..___--•--•--'-•---•••-'-•-------------••--._.._..__..._..._.....___..._......_.........._......._--.--........ Is/Are rrrtlflyd t. be Correct. Tell.etn ta..al add Able te" a1 nNkeare d7 rtrlatred al tee de" mad 11M. aad I. the Rook and rara Aber. oa Are 1!� l••r-W._.]fl�ifc//E}(/t��-OA-__.------------------- lrca1ITLR or nrxas role .......... j_.eL X&.1............. COvyrrT 1 Air _. xi/:_.. Trwr ./ C+ • o.r.tr/••..tea..e- Rttl.r•r at Dora. 'ter PLC nr Aeon F lay y • fete, A.•..d ter? rtaaed b/ Ao,arnr. all ASA KC ar Asen Pact. halos Ca, al t. ►A. eo• epee?, naWpt na Item SEEDING SPECIFICATIONS ---------------------- AREA TO BE SEEDED: 3.0 ACRES USE THE SEED MIXTURE INDICATED AS FOLLOWS: 180.0 LBS. FESCUE GRASS AT 60 LBS./ACRE (BEST SUITED ON CLAYEY OR WET SOIL CONDITIONS) SEEDING DATES: SEPTEMBER 1 TO NOVEMBER 30 FEBRUARY 1 TO MARCH 30 90.0 LBS. RYE GRAIN AT 30 LBS./ACRE'(NURSERY FOR FESCUE) 0.0 LBS. 'PENSACOLA' BAHIA GRASS AT 60 LBS./ACRE (SEE FOOTNOTE NO. 1) SEEDING DATES: MARCH 15 TO JUNE 15 0.0 LBS. HULLED COMMON BERMUDA GRASS AT 8 LBS./ACRE (SUITED FOR MOST SOIL CONDITIONS) SEEDING DATES: APRIL 1 TO JULY 31 0.0 LBS. UNHULLED COMMON BERMUDA GRASS AT 10 LBS./ACRE SEEDING DATES: JANUARY 1 TO MARCH 30 120.0 LBS. RYE GRASS AT 40 LBS./ACRE (TEMPORARY VEGETATION) SEEDING DATES: DECEMBER 1 TO MARCH 30 LBS. APPLY THE FOLLOWING: 3000.0 LBS. OF 10-10-10 FERTILIZER (1000 LBS./ACRE) 6.0 TONS OF DOLOMITIC LIME (2 TONS/ACRE) 300.0 BALES OF SMALL GRAIN STRAW (100 BALES/ACRE) ALL SURFACE DRAINS SHOULD BE INSTALLED PRIOR TO SEEDING. SHAPE ALL DISTURBED AREA IMMEDIATELY AFTER EARTH MOVING IS COMPLETED. APPLY LIME AND FERTILIZER THEN DISK TO PREPARE A 3 TO 4 INCH SMOOTH SEEDBED. APPLY SEED AND FIRM SEEDBED WITH A CULTIPACKER OR SIMILAR EQUIPMENT. APPLY MULCH AND SECURE WITH A MULCH ANCHORING TOOL OR NETTING. 1. PENSACOLA BAHIAGRASS IS SLOWER TO ESTABLISH THAN COMMON BERMUDA GRASS. WHEN USING BAHIA, IT IS RECOMMENDED THAT 8 LBS./ACRE OF COMMON BERMUDA BE INCLUDED TO PROVIDE COVER UNTIL BAHIAGRASS IS ESTABLISHED. InI 3n ��X a �ar I D�- r r/ `Nr sG z L� 8ot� x �•a� x fire : cw,l�sa/� 20 -V�vt/ ZG'Z6S 719ee X dal J a lV3V' n�o�.t-dn��x� d�1dcvils� D QS£ J-1v9 V94-3p d 41 30/5'lvl (goesn l? 3do7S �pofs o Is ,na -q7d�Y3nv r s . p/.,._ (wo o8 Naa9G✓ /voi ip'1+77F ,Fs rlrw4 rC AO f, // � 1v,qer1Y , E`,asr, Sa u7-11 AVERAGE G�'o u�+14 �L t �tc1 i ioN fit(• S / dP ELFVA7-10nl �867A f) S2. y1 Q►rUeq�� �=ict3.9 r=T LF_iJGTI,I o� gE�M C ELEVar�o,/ sz.-I ENO 4,�E,4 MorN or 6o7rzA4 = 33.' Fr &v4 /0 t 33. q, 3.9 Z = �/-%. G Z rr 7- TorA-L CS711MAJ-,L---4 F1Z �-Tz X iioe _ .9� o FlZ • O F� a7 3�147, ill," yo 3 5'OA sl-'sz/'o2 is • oi'l" c£ = fix , z 'h Lz x 4 z •6 0f' JVOU65• 01w' :40 .090 z� 'S • �s� '�6 = •�'bZ X fi Ob2 dal YoT/d Z Sao/ r�,z�s�5 YSn�� Hof �lrr✓b "Zo cow-t/ jlv ¥ �, �� 2� �* • � ®� •�ƒ���- ... "•� U. S. OLI-AI117MENT OF AGRICULTURE OCTGUER 1974 SOIL CONSERVATION SERVICE o SOIL ASAP Owner Donald H. Hall Operator County State NC Soil survey sheet (s) or code nos. Approximate scale _= 2,�nn �t•} Prepared by U. S. Department of Agriculture, Soil Conservation Service cooperating 1 with Mender [,-conservation District GOA 'r•' _ '. 7 ;•, . C '.�G' YI ..i, 'i ' -ia -r; 'i•'"y:. Imo{ ,rl syi 'l t- ;�,.`.. r.i: 411 +. A 82ll -GOA 1 - GA,-' :.'r.-.'4G 1 NoB AuB Mic' '-[' •. i' ' + Er', iri\A - +- +_ a a ,t3` ,.Y MCC,. y'i ', ' i� s k r t.fK f �' - ` - r Mlt' ' r. -'i. '• �O. 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Go_A_ _ �''. r •.c>`.-._ -•,`.`t�s .: -j rr ra �iis d xf� " YFO � �� y1'yy .j1,,�_ r.'�.-:1�C:' r�1✓!µs$:r � _ [ - � �: 3rr,? =+Y�i �y. } 1 + -t- �' iJ` a r7:�� _. �: � - r. .:1'� - q ' F8- � `� q •+ri': { � � - $kY.T �-•-! �`.4 �vT' srr- -r F�-�' Yj� 77-.+ Yf� .`r�r s. -.i r}r � r�'•s "�- I;'• rsp�f S' ��- y s ,. r ,�i� _ Mke `� �i YiO.� }��wn. r 'tr � -'� r "J + 'S= r , a s ��a 1 att y + �i :I: j� , _ Vi O r �r "fir p'z :r=� +a' '_•. 1'b4�o'.' `� f,. EI•.r r t ,b ,� i rit GOA sir 1L �.x rtaarr iii �j FP N^ii EntA 1 'i' i •-. +L "1 Mkt" t3aZ'' r ti _�k w c-1.tCrY- 4;Ar3.' ;A'.�: �. k �A F •i t Yea s �4 l:vk I V6B NOA �.h• ll�," sr'-''s { ;+: _"�;_ '% `�{ Y + \ ., }I }� Kfc111=�3✓i l '.'e+.#�s5 r:i `'er - >-n_:,• L r _ }. _ -'t •d''.t. .� A[ci �� } .. ,A3�8 � [�+��; � 9 ;5[ / rr., _ [ .;�' :�a�+�S':•- � :, �•C 7 _ l' '4 :` .k 'A4- rAr l'7 iioJ�:..a . if �R4'yi ,;aBaP t1rt�"�' i�•. h j'jn ,�'•e i ` _ rX y{ 't . s i,r r-.s ' 'r y. , ,.!' NOi1 r } 7 r ,. GOA FO 2 ri .f +'%Fr F. j ruli. A1cCi i RaF3 Nab t:nU •'` ri 'c � k."' W . Ha6 - -r-•� _ ` �,!`'- '' .t •. rL £2 i - �`10. GOA To ='Fo �F; rtz r J S- rvuU-- + s, •f •:.'f�-� -:'i �•i: a,';":r,:•.` ,F I Fo �., f ;5.1. } 1' Dn..INo?: •r4rc .''j •, f, .��•yP•s*•`.(in>! �._ `.•u lr70 1 ; ,U. S. Department of Agriculture Soil Conservation Service HAZARD CLASSIFICATION DATA SHEET FOR DAMS Landowner 00nalj CS�p� l-till- County NC-ENG-34 September 1980 File Code: 210 Community or Group No.Conservation Plan No. Estimated Depth of Water to Top of Dam_ - Ft. Length of Flood Pool 3 GFt. Date of Field Hazard Investigation fUq. -L ,lgq-k ej Evaluation by reach of flood plain -downstream to the point of estimated minor effect from sudden dam failure. . Est..E ev. :Est. Elevation Kind of :Improvements: of'Breach Reach: Length: Width: Slope: Land Use ; Improvements Above :Floodwater Above Flood Plain: :Flood Pl.ain Ft. .Ft. % Ft. Ft. 2 . 3 Describe potential for loss of life and damage to existing or probable future downstream. improvements from a sudden breaches �1{ 11_� ii r ��++ da=c k B I,� i,���oi�.9n� Lf�.-ono 0h+en TIC0.� ICSS CT �\t4 L.� Sam A _,}9CWf(% �.rovek1J,c nt) .fsc� c•F_. kLYjVSe_ 614 asL_.I tis A-k­ s L (4ol IS otUDrakin+a�'z.% !op(± _ _ �i'�. _i[L+tCl��GT�L reAt.�_,_,35 _�r_nil�D. flaStUfG Gtnc��000d��nc>�. .�� Hazard Classification of Dam (p, b, c) (see NEM-Part 520.21) Dam Classification (I, II, @, IV, V) By 03C, (name) (ti t]ej Concurred By name title NOTE: 1. Instructions on reverse side. 2, Attach additional sheets as needed. Date� 1y Date `ifs- T;i:; ' / S6' .. ••� ��'f, '�_* I . r _ • ------------- 1' '•t'' / l �r ter`-. .. Ki F�?� ��t•5 �:, t �_ ti �- ri,,'. • w ! �{ ,� , i a ���, •���. P/•. `f =4 '�� '' .l� r .7 � 5ti I ; ;Rrti y, ��! _h5r }�:; ;1 •-� r .. \ /Ir .6' 4�i7 �T ���i'i' i,� �+\� ,. ] r 1' }L� ' y% ' "gn 't �' ' I ✓', - �,�r�t tl"• .• .� ! l k �n /l1 7,II �JG IC ? 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".J;J ' - '$.ry. .:} , Si•.� ' �d"`�:l Lip 1 i! f�,�� 1;. ' ry, ,i� �•�, �k f , , `•nrs ? ' *i .1' ��t�` I .. `h � y _ }�; ` �, • Y �r•.. �', .ri r � 1. {i i ,'.( r ,i �'hf L ' � .. x I DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1 eso WILMINGTON, NORTH CAROLINA 28402-1890 April 5, 1994 W H&Lmy ntttm 1 U Regulatory Branch Action ID. 199402087 Mr. Donald H. Hall 4615 Highway 133 Rocky Point, North Carolina 28457 Dear Mr. Hall: As requested, -on March 11, 1994, Mr. Rudolf Schiener of my staff visited your property located above the headwaters of Mill Creek, on S.R. 1401, 3 miles north of Highsmith, Pender County, North Carolina. This inspection was to determine if a Department of the Army permit would be required to clear and' fill a 600 feet by 900 feet area on your 82 acre farm. The site visit confirmed that there are no jurisdictional wetlands within this portion of your property,. You may, therefore, proceed with your planned work without further notification to this office. Thank you for contacting us on this matter. If you have any questions please call Mr. Schiener at (910) 251-4629. Sincerely, gtieRegulat Wrig t ry Branch Operator:Donald Hall County: Pender Date: 12-07-93 Distance to nearest residence (other than owner): 1980 feet 1. STEADY STATE LIVE WEIGHT 0 Sows (farrow to finish) X 1417 lbs. = 0 0 Sows (farrow to feeder) X 522 lbs. = 0 3672 Head (finishing only) X 135 lbs. - 495720 0 Sows (farrow to wean) X 433 lbs. = 0 0 Head (wean to feeder) X 30 lbs. _ .0 TOTAL STEADY STATE LIVE WEIGHT (SSLW) - = 495720 2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON Volume = 495720 lbs. SSLW X Treatment Volume CF/lb. SSLW Treatment Volume CF/lb. SSLW= 0.0 CF/lb. SSLW Volume = 0 cubic feet 3. STORAGE VOLUME FOR SLUDGE ACCUMULATION Volume = 495720 cubic feet 4. TOTAL DESIGN VOLUME Inside top: length 300 feet ; width 300 feet Top of dike at elevation 50.00 feet Freeboard 1.0 feet Side slopes 2.50:1(inside) Total design lagoon liquid level at elevation 49.00 feet Bottom of lagoon at elevation 39.00 feet Seasonal high water table elevation 46.00 feet Total design volume using prismoidal formula: SS/END1 SS/END2 SS/SIDE1 SS/END2 LENGTH WIDTH DEPTH 2.5 2.5 2.5 2.5 295.0 295.0 10.00 AREA OF TOP LENGTH X WIDTH 295 295 AREA OF BOTTOM LENGTH X WIDTH = 245 245 AREA OF MIDSECTION LENGTH X WIDTH X 4 270 270 87025 (Area of Top) 60025 (Area of Bottom) 291600 (Area of Midsection X 4) CU. FT.'= [Area top+(4XArea Midsection)+Area Bottom] X Depth/6 87025- 291600 60025 2 VOL. OF LAGOON AT TOTAL DESIGN LIQUID LEVEL = 731083 CU. FT. 5. TEMPORARY STORAGE REQUIRED Drainage -Area: Lagoon (top of dike) Length X Width = 300 300 90000 Square Feet Buildings (roof and lot water) Length X Width = 0 0 0 Square Feet TOTAL DA 90000 Square Feet Design temporary storage to be 180 days. A. Volume of waste produced Approximate daily production of manure in CF/LB SSLW 0.00136 Volume = 495720 Lbs. SSLW X CF of waste/lb/day X 180 Volume = 121352 Cubic feet B. Volume of wash water This is the amount of fresh water used for washing floors or volume of fresh water used for a flush'system. Flush systems that recirculate the lagoon water are accounted for in 5A. Volume = 0 Gallons/day X 180 days storage/7.48 gallons per CF Volume = 0 Cubic feet C. Volume of rainfall in excess of evaporation Use period of time when rainfall exceeds evaporation by largest amount. 180 days excess rainfall - 7.0 inches Volume = 7.0 Inches X DA / 12 inches per foot Volume = 52500 Cubic feet D. Volume of 25 year - 24 hour storm Volume = 7.0 inches / 12 inches -per foot X DA Volume = 52500 Cubic feet TOTAL REQUIRED TEMPORARY STORAGE 5A. 121352 Cubic feet 5B. 0 Cubic feet 5C. 52500 Cubic feet 5D. 52500 Cubic feet TOTAL 226352 Cubic feet M 6. SUMMARY Total required volume = 722072 Cubic feet Total design volume avail.= 731083 Cubic feet Min. regrd. trtmnt. vol. plus sludge accum.= 495720 Cu. Ft. At elev. 46.30 Ft; Vol= 506705 Cubic feet (end pumping) Total design volume less 25yr-24hr storm = 678583 Cu. Ft. At elev. 48.30 Ft; Vol= 670886 Cubic feet (start pumping) Seasonal high water table elevation is 46.00 Feet, which must be lower than the elevation of top of treatment volume 46.30 DESIGNED BY: APPROVED BY: DATE: DATE: NOTE: SEE ATTACHED WASTE UTILIZATION PLAN ADDITIONAL NOTES: 5A. 121352 Cubic feet 5B. 0 Cubic feet 5C. 52500 Cubic feet 5D. 52500 Cubic feet TOTAL 226352 Cubic feet M 6. SUMMARY Total required volume = 722072 Cubic feet Total design volume avail.= 731083 Cubic feet Min. reqrd. trtmnt. vol. plus sludge accum.= 495720 Cu. Ft. At elev. 46.30 Ft; Vol= 506705 Cubic feet (end pumping) Total design volume less 25yr--24hr storm = 678583 Cu. Ft. At elev. 48.30 Ft; Vol= 670886 Cubic feet (start pumping) Seasonal high water table elevation is 46.00 Feet, which must be lower than the elevation of top of treatment volume 46.30 DESIGNED BY: DATE: APPROVED BY: DATE: NOTE: SEE ATTACHED WASTE UTILIZATION PLAN ADDITIONAL NOTES: 5. TEMPORARY STORAGE REQUIRED Drainage Area: Lagoon (top of dike) .Length X Width = 300 300 90000 Square Feet Buildings (roof and -lot water) - Length X Width = 0 0 0 Square Feet TOTAL DA 90000 Square Feet Design temporary storage to be 180 days. A. Volume of waste produced Approximate daily production of manure in CF/LB SSLW 0.00136 Volume = 495720 Lbs. SSLW X CF of waste/lb/day X 180 Volume = 121352 Cubic feet B. Volume of wash water This is the amount of fresh water used for washing floors or volume of fresh water used for a flush system. Flush systems that recirculate the lagoon water are accounted for in 5A. Volume = 0 Gallons/day X 180 days storage/7.48 gallons per CF Volume = 0 Cubic feet C. Volume of rainfall in excess of evaporation, Use period of time when rainfall exceeds evaporation by largest amount. 180 days excess rainfall = 7.0 inches Volume = 7.0 Inches X DA / 12 inches per foot Volume 52500 Cubic feet D. Volume of 25 year - 24 hour storm Volume = 7.0 inches / 12 inches per foot X DA Volume = 52500 Cubic feet TOTAL REQUIRED TEMPORARY STORAGE 5A. 121352 Cubic feet 5B. 0 Cubic feet 5C. 52500 Cubic feet 5D. 52500 Cubic feet TOTAL 226352 Cubic feet I 6. SUMMARY Total required volume = 722072 Cubic feet Total design volume avail.= 731083 Cubic feet Min. regrd. trtmnt. vol. plus sludge accum.= 495720 Cu. Ft. At elev. 46.30 Ft; Vol= 506705 Cubic feet (end pumping) Total design volume less 25yr-24hr storm,= 678583 Cu. Ft. At elev. 48.30 Ft; Vol= 670886 Cubic feet (start pumping) Seasonal high water table elevation is 46.00 Feet, which must be lower than the elevation of top of treatment volume 46.3C DESIGNED BY: APPROVED BY: DATE: DATE: NOTE: SEE ATTACHED WASTE UTILIZATION PLAN ADDITIONAL NOTES: UNITED STATES SOIL FEDERAL BUILDING, RM. 116 DEPARTMENT OF CONSERVATION 134 NORTH JOHN STREET AGRICULTURE SERVICE GOLDSBORO, NC 27530 TELEPHONE: 919 - 734-0961 ---------------------------------------------------------------------- SUBJECT: ENG-Class V waste Treatment Lagoon DATE: Sept. 22, 1994 TO: Jeff Raifsnider, DC FILE CODE: 210 Pender County. The subject waste ',treatment lagoon design is approved subject to the following conditions: 1. The lagoon bottom has been raised 0.9 feet and some sludge storage has been included. The cut/fill ratio changes from 1.3:1 to 1.2:1. Ken Cook needs to sign the designed by block in the new lotus printout of the modified design. Also on the summary sheet. 2. You need to approve the waste Utilization Plan and sign the prepared by and Technical Specialist blocks in the plan. This office has not reviewed this plan. Please let me know if I can be of any further assistance. N'�Cllst . B Dean King am Civil Engineer cc: Elton Turnage Ken Cook ;=>er.ator - DONALD HALL County: PE'NDER -- i •_an : e to nearest Lis idence (other than owner): .. AVERAGE LIVE WEIGHT (ALW) 0 sows (farrow to finish) x 1427 11`s. 0 sows (farrow 0 feeder) x 532 ibs . 3672 heaa (fins hing only) x 135 '.a bs . 0 sows (farrow to wean) x 433 lbs. 0 head (wean to feeder) x 30 lbs. Describe ether 2000.0 feet 0 lbs 0- I b 495720 lbz-: 0 145 0 lbs Total Average Litre Weight. = 495720 lbs A. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON Volume = 495720 lbs. ALWr. Treatment. Volume (CF) /lb. ALW Treatment. Volume(CF)/lb. ALW = .1 CF/Ib. ALW Volume = 495720 C-Lbic feet. STORAGE VOLUME FOR SLUDGE ACCUMULATION Volume = 247860.0 cubic feet. -. TOTAL DESIGNED VOLUME Inside top length (feet-)--------------------- 350.0 Inside top width (feet)------------------------ 360.0 Top of dike elevation (feet)----------------- 52.4 Bottom of lagoon elevation (feet)------------ 41.4 Freeboard (feet)----------------------------- 1.0 Side slopes (inside lagoon)------------------- 3.0 1 Total design volume using prismoidal formula SS/END1 SS/END2 SS/SIDE1 SS/SIDEZ LENGTH WIDTH DEPTH 3.0 3.0 3.0 3.0 344.0 354.0 10.0 AREA OF TOP LENGTH * WIDTH = 344.0 354.0 121776 (AREA OF TOP) AREA OF BOTTOM LENGTH * WIDTH = 284.0 294.0 83496 (AREA OF BOTTOM) AREA OF MIDSECTION LENGTH * WIDTH * 4 314.0 324.0 406944 (AREA OF MIDSECTION * 4) CU. FT. _ [AREA TOP + MAREA MIDSECTION) + AREA BOTTOM] DEPTH/6 121776.0 506944.0 33496.0 1.7 DRAINAGE AREA: ...agoon K._ f dike) Length 0 UPI,;dt.i= --- Build_i.ngs '.roof and int water) it 0 square �� Describe this area, _,ar FeF.. ,i.l_a. � �.r.c'a TOTAL DA 126000.0 square feet Design t_ Volume f waste Feces & urino production in gal./day pep i 3 5 lb . ALW 1.37 Volume = 495720 lbs. ALW/135 lbs. ALW _k i.37 gal/day 180 d . _ Volume - 905515 gal_-.. or 121058.2 cubic fret. . i/ i 1 lu 1 i e of wash water This, is the amount of fresh water used for washing floors or vol ame of fresh water ,used for a flush Flush systemo that recirculate the lagoon ;.later' are accounted for system. in 5A . Vo1wile = 0.0 gallons/day '{- KO days st o Mgt'-/'7. 46 gallons v_ L rx r,er �' Volume = 0.0 cubic feet _ . Volume of rainfall in excess of evaporation Use period of time when rainfall ex;eeds evaporation by largest amount. 180 days excess rainfall = 7.0 inches Volume a 7.0 in * I.3A / 12 inches per foot. Volume = 7' 00.0 cubic ,feet 1 4D. Volume of 25 year - 24 hour starm Volume 7 . `1 inches 12 inches per root :I' D Volume = 79750.0 cubic feet TOTAL RIOUiREO TEMPORARY STORAGE. cB . 0 cubic feet. 5D. 78750 cubic feet TOTAL 273308 cubic c Net SUMMARY Temporary storage 180 day 'rainfall :in excess of evaporation----) 7.0 inchez 25 y%F'.a - 24 hour rainfall====------ ====-_-_= 7.5 inches 1.0 feet. Side. 3.0 . 1 Inside top 350.0 feet Inside top width=====_____.-______:_: --: =___-> 360.0 feet. Top of dike 52.4 feet. Bottom of lagoon olevat.ion__________________> 41.4 feet - Total required V=_.iume====_________________ ___> 1016888 cu. ft. Actual de::ig?Z vt;1'1RlE:====________________ ___> 1020360 cu. ft. Seasonal high G•;ate}-table elevation: (SHWT) _ _ _ > 48.4 feet. Stop pumping 49.0 feet Must be > or = to the SHWT elev. ________-__> 48.4 feet. Must be > on = to min. req. treatment. ej . _ > 47.4 feet Required minimum treatment 743580 cu. ft.. Mum& at step pumping elevation========= ===> 744474 cu. ft. Start pumping elev.====,w.====_______-___-_____> 50.7 feet����3,;' Must be at bottom of freeboard ti 25 yr. . rainfall Actual volume less 25 yr.- 24 hr. rainfall==> 941610 cu. ft. Volume at start pumping elevation===========> 939706 cu. ft. Required volume to be pumped=======____ ___` 194558 cu, ft-.. Actual volume planned to be pumped=====___==> 195233 cu. ft. Min. thickness of ��soil liner when required==> 1..6 feet DES I GNED BY: £' APPROVED BY: DATE:- gfLl n DATE - NOTE: SEE ATTACHED WASTE UTILIZATION PLAN M COMMEN S : OPERATION AHD KAINTENTME This lagoon s designed ed » n1. waANe Vreatmant 2.'o.:i'laIit=1" t . .-_::-.ig i :SnJ, 80 days of temporary storage. The time required for the pl•_fi:..,, _, fluid level (iiP_,rTi•_1ne2it.=127d i..'.I's:E- 'a'.I'; storage) i._.ge) to be reachelmay .. _ due to site conditions, ][vi�"•a..l flushing operations,.and I _ C.t.t�_ri.11it i la'. fresh water added to t.ne x jTMem. The designed temporary storage consists of 1-80 days storage for: - (1) w,-tste from animals anti .(2) excess .=aw17fAl after e vc.po t _ n . !i_. _ ._ncludld is storage for the 25 year - 24 hour storm for th- location. - The plume of waste generAted from a given Dumb=,. of animals l will 1- - fairly constant throughout the rlt?.-1]' and from year to ;Ir-•-:i]' , but ezcessP rainfall will very from year to year. The 25 ye•_ i rainfall will not - he a factor Tc consider in an annual pLlp3^�C'cip, but this storage e volume m_,st always; be available. A maximum elevation .is determined in each design to begin pumping S and this is usually the outlet invert of pipe(s) from building (s) . If the outlet pipe Is not installed atthe elevation0-, begin pumping, a permanent m ri'.e_ must be1:1:?.t.a__, at this elevation to indicate when pumping should begin. An elevation must be establ iw her to stop pumping to maintain lagoon treatment. depth. Pumping can be started or s.tGpped at any time between these two elevations for operating convenience as site to conditions permit, such weather, soils, clop, and equipment in order to apply waste without runoff or reaching. Land application of waste ;cater is recognize6 as C-Ain acceptable method of disposal. Methods of application include solid seq., center pivot, guns, and traveling gun irrigation. Care should be taken when applying waste to prevent damage to cropz. The following items are to be carried out: It is Strongly rec,--mmnended that tote treatment lagoon be pre - charged to 1/2 its capacity to prevent excessive odors during start. -up. Pre -charging reduces the concentration of the initial waste entering the lagoon thereby reducing odors. Solids should be revered with effluent at all times. When prech•arging is complete, flush building, with recycled lagoon liquid. Fresh water should not - be used for flushing after initial filling. 2. 'The attached waste utilization plan shall be. followed. This plan recoiiunends sampling and testing of waste ( see attachment) before land application. 3. Begin temporpry storage pump -out of the lagoon when fluid level reaches the elevation 50.7 as marked by permanent marker. Stop pump - out when the fluid level reaches elevation 49.0 _ This tempovaoy storage, less 25 yr- 20 hr storm, contains 194558 cubic feet or 1455295 gallons. 'Mel STY4 KUT"Ojua n0j oqq soy 'awwassueW jequpw -WaTAU, jO UOTSTATC '003anOSWE TYan4SN PUP 44100H 'quywuOaTAu2 go quyaqaedoo syl swqYqG poqTun Oqyjo sas4pm o4uT squeqn1jod 90 y2ayqvSTP yq4 SqTqTgOad 116T 90 40V aG40M UVOID Oql '6 . SAYO-K-USTa ojjqnd pue XOnAdOid aYqqO qW00a Oq qOU aeWeLu 0 UT PaTldde aq jjeqs onsem 'Mm e 10 U09 001 UTUTM = aOuePTSO,:, p go ls@g OOZ uTq4Tm dwnd jou oa *saqnqTp uedc uT payIdde aq qou Him a4seM -swPGaW THWO10d 01 WOOOPe spjQjj uoTQwzTjTzn eqspm punwe X@Jgnq PGqeqW5OA WeaT jO jV@j SZ jO UnWTUTW U dOON rJ SIG 11no vjqoqs oz uuoBej yqq woa; pajaw, aq,qq sT jjouna GvyanE llv 'L i . UoTql?qVTOA U1 qSTTqeqyO PUP squapan Aq POWWOP 50070 ao-Oppay popoas Au e aTudau q -puens vnonofn 0 UT04UTOW 01 popwou so pazTjTjaaj nq MKS uWWWWA 'ATIenuue pamew uco5ei . C- sqj uj quawye spow pue quaw4ueqwa aqq UO UO;4ejaBQA daOX sjTwjDp a@qqang ao; wy -onem sy oq anyog -an, awd qouT 2-U sT wea wnwTzew popuaunwea pja pup qoul (1) auc, rT uol4uspal not Ajd6e ol junowe wnwTypw popuewwoow eqj -' .SPECIFICATIONS FOR CONSTRUPTEGN OF WASTE TREATMENT BAKA10. ---------------------------------------------------------- FOUNDATION PREPARATTON: ­_ ------------------ The Eoundation area of the lasncn and building pad shall &_ cleared of trees, logs, stumps, ronts, brush, boulders,sod and robhish, Satisfactory disposition wIll be made of all debris. The topsoil frof-, Rhe lagoon and pad area should be stripped and atockpiled for uoe.on the dike and pad arwa3. After stripping, the foundation area of the lagoon embankment and building pad shall be thkroughly Innsened wiw):, co planing the Eirst lift of fill noterial to get a good bond. EXCAVATION AND EARTHFILL PLACEMENT: - i !�t"s completed excavation and earthfill shall wonEorm to the lines, grades, and elevations shown on the plans. Earthfill material shall be free of dRtrimental amounts of sod, roots, frozen soil, stones ove-.c 6 inches in diameter, and other objectionable material. To the eztent-. they are suitahle, excavated materials can be used as fill. The fill shall be brought up in approximately horizontal layers not to encred 9 inches in thickness when loose and prior to compaction. Each laye-!- will be compacted by complete coverage with the hauling and spreading equipment or standard tamping roller or other equivalent method. Compaction will be considered adequate when fill material is observed to consolidate to the point that settlement is not readily detectible, NOTE THE SPECIAL, REOUIREMENTS FOR PLACEMENT OF LINERS IN THE LINER SECTION OF THIS SPECIFICATION. The embankment of the lagoon shall be installed using the more impervious materials from the required excavations. Construction of fill heights shall include 10 percent for settlement. Dikes over 15 feet in height and with an impoundment, capacity of 10 acre-feet or more fall under the jurisdiction of the N(.' Dam Safety'Law. The height is defined as the difference in elevation from the constructed height to the downstream toe of the dike. Precautions shall he taken during construction to prevent exce5sive erosion and sedimentation. LINER: THE yjI1qTMUT4 IZEOUrIRED THTCKNESS SHALL BE 1. 6 Et. ------ ------------------------------------------------- NOTE: LINERS (PARTIAL OR FULL) ARE REQUIRED WHEN THE ATTACHED SOILS INVESTIGATION REPORT SO INDICATE OR WHEN AREAS AS DESCRIBED BELOW ARE ENCOUNTERED DURING CONSTRUCTION. A TYPICAL CROSS SECTION OF THE LINER IS INCLUDED IN THE DESIGN WHEN LINERS ARE RECUIRED BY THE SOILS REPORT. When areas of unsuitable material are encounterea, they will be over - excavated below knish grade to the specified depth as measured perpendicular to the finish grade. The foundation shall be backfille'3 as specified to grade with a SCS approved material Ke - CL,SC,CH!' REFER TO THE SOILS INVESTIGATION INFORMATION IN THE PLANS FOR SPECIAL CONSIDERATIONS. ._.._.E`r 2 OF wil liner material shall L:orii._ tr=:`m an ._!pp '_rvRd borrow area. 74, 'i Yic1tF'-y, content of the liner material ohall be optimum ice,.-. =i '.? 'nt which relates to that moisture content il'-?ren the�v i ":�?e e--_- content l- -.. iIn the hand it will form a ball which does not readily separate. necessary _ V� te2_ �y�al JL:dl�� _J borrow a to insure _o�timoi:tur- _�._:nt during placement �f the liner. s t. „ the l 1, y- r r=' �': r .L i The moisture � �.�ntt=�li material Shall not be less than optimum water content during _'?. :ema?nt. The maximum water c0ntent relates to the soil material being :_on wet for efficient- use of hauling equipment and proper compaction. :'rLmr ..- compaction of the liner includes planement ii] .9 inch -lifts and compacted to at. least. 90 percent roL the ma.zimi_tm ASTM .I�j6, 8 Dry lit- _ Weight of the liner material. When smooth o`- hard, t.l e �' . evi ou; l i f. t- �- ' 1 f 3 d needed aa before pl•�[11;1 ent o f the next shall ��G� scarified .3!ii_ moistened _ a�� :] �_ •� 1._ L� "fL i t' lift. The single most important factor affecting the overall compacted perme- ability of a clay liner, other than the type of clay used for the liner, is the efficient construction processing of the compacted liner. The sequence } f equipments ',1 i`- Z7 t routing .` equipment _.. on es - ._ _ _ Li and .h,3 rL _l..i <� f �1 •_a)_ - lishej pat.te2n helps assure uniformity in the whole placement •_ n a compaction process. For most (play soils, a . `.cil pini7 or sheepsfoot- roller is the preferable type of compaction equipment. The soil liner shall be pro.tectod from the discharge of waste outlet pipes, This can be done by using some type of energy ai= sip `or l }cks) or using flexible outlets on waste pipes. Alternatives to soil liners are synthetic liners and bentonite sealant-. When these- are specified, additional construction specifications are included with this Construction Specification. CUTOFF TRENCH: -------------- A cutoff trench shall be constructed under the embankment area when shown on a typical cross section in the plans. The final depth of the cutoff trench shall be determined by observation of the foundation materials. VEGETATION: All exposed embankment and other bare constructed areas shall be seeded to the planned type of vegetation as soon as possible after construc- tion according to the seeding specifications. Topsoil should be placed on areas of the dike and pad to be seeded. Temporary seeding or mulch shall be used if the recommended permanent vegetation is out of season dates, for seeding. Permanent- vegetation should be established as soon as possible during the next period of approved seeding dates. REMOVAL, OF EXISTING TILE DRAINS ------------------------------- When tile drains are encountered, the tile will be removed to a minimum of 10 feet beyond the outside toe of slope of the like. The tile trench shall be bac.kfilled and compacted with good material such n_• SC`., Ch, or CH. WASTE UTILIZATION PLAN ---------------------- Owners name --:Donald Hall County:Pender Mail Address -:Rocky Point, NC 28457 Type of production unit---- :Feed -Fin Number of animal units-----: ' 3672 Type of waste facility -.----:Anaerobic Lagoon Temporary storage period---: 180 days Method of application ------ :Irrigation Amount of animal waste produced ------------------- 6977 tons/year Amount of plant available N produced by animals-: 8446 lbs./year Commercial N to apply.on planned acreage--------. 0 lbs./year Your animal waste utilization plan has been specifically developed for your swine operation. The plan is based on the soil types, crops to be grown, and method of application for your particular operation. The waste must be land applied at a specified rate to prevent pollution of surface and/or ground water. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle and annual soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan. in order to maximize the fertilizer value of the waste and. to ensure that it is. applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates and leaching potential. Waste shall not be applied to land eroding at greater than 5 tons per acre per year. Do not apply waste on saturated soils or on land when the surface is frozen. Either of these conditions may result in runoff to surface waters. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or not more than 30 days prior to planting. Soil incorporation of waste will conserve nutrients and reduce odor problems. Page 2 The acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Annual acreage requirements may be more or less based on the waste analysis report for your waste management facility. YOUR WASTE UTILIZATION PLAN IS'BASED ON THE FOLLOWING: Tract Field Soil Crop Yield Lbs. N Acres Lbs. N Month to. Acres to No. ;;No. Type Code /Acre /Unit Used Apply Overseed 7108 1 NoB K 0 100.00 980 S-APRIL 9.8 _ 7108 1 NoB B 5.2. 50.00 9.8 .2548 MAR-OCT 7108 2 NoB K 0 100.00 490 S-APRIL, 4.9 7108 2 NoB B 5.2 50.00 4.9 1274 MAR-OCT 7108 3 'GoA K 0 100.00 280 S-APRIL 2.8 7108 3 GoA B 5.5 .50.00 2.8 770 MAR-OCT 7108 6 NoB K 0 100.00 880 S-APRIL 8.8 7108 6 NoB B 5.2 50.00 8.8 2288 MAR-OCT Total 26.3 9510 26.3 Available Nitrogen (includes commercial) 8446 Surplus Or Deficit -1064 Crop codes: Crop-unit --------------------- A=Barley-bu. I=Oats-bu. B=Bermudagrass(graze)-tons J=Rye-bu. C=Bermudagrass(hay)-tons K=Small grain(graze)-acre D=Corn(grain)-bu. L=Small grain(hay)-acre E=Corn(silage)-tons M=Sorghum(grain)-cwt. F=Cotton-lbs. lint W=Wheat-bu. G=Fescue(graze)-tons Y=Fescue(pasture)-tons H=Fescue(hay)-tons Z=Bermudagrass(pasture)-tons Page 3 If more commercial fertilizer is used than shown in this plan, then additional acres of land may be needed. A three to fifteen feet wide permanent grass filter strip should be seeded along all ditches in fields that receive animal waste. Additional comments: ____________________ Ale tL ------------------------- Prepared by: ; ..� r 6,4 ,- Title :.C.,S'. C. Date. s•z+�-9S Concurred in by: 2c�. )JmR,,- Date : S' .2 Producer I understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied on the land according, to this plan at the appropriate tames and -at rates that no runoff occurs. JC1�L.r✓�� Date:S`.29- IS- Prq ucer Technical Specialist: ''. eo&4-, V- Date: s'•24-95-- (Copy to producer and copy to case file) i' ,tv , pt" `W11 �y l& ' 07 Vr* 'sIIIAM, 01 i'O .I V I 1'�� I'J. 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V- Sfii' �';' a SON spa 'v+ �"-'• •'i.�,�' r•��.1Ls ' r r ^�.4: � U'.iG .'1: rf'•�e �' f5;•��A,�4'4._:1:: _ t,,1"; � �?: ,fit( •� . : �5 .� t:�,: Yiy-.; rlt':'!t:"/� '}:y: Sl;/,.Y'• '.71. A'j';VY::. '• �'": 14 i'''? 'i�`y"• �i0 O w .. i! _�\� 4 ' ivfK C,7 •r. r?'. Y•Jui�' . } . `0 .,4? • �r•.i, �i, .. 0560-OW4 + AD-1025 i05-07'911 UNITED STATES DEPARTMENT OF AGRICULTURE Form Approved - OM$ No. HIGHLY ERC BLE LAND CONSERVATION (HL :) AND WETLAND CONSERVATION (WC) CERTIFICATION 1. Name of Pro-dlucer 2. Identification Number 3. GrlopYear j G� 9 o — 9 o 3 ! 1 1 C�93 4. Do the attached AD- I0,26A(s) list -all your farming interests by county, and show current YES NO SCS determinations? If "No", contact your County ASCS Office before completing this form. - 5. Are you now applying for, or do you have a FmHA insured or guaranteed loan? - 6. Do you have a crop insurance contract issued or reinsured by the Federal Crop Insurance- Corporation? 7. Are you aflandlord on any farm listed on AD-1026A that will not be in compliance with HELC and WC provisions? 8. Has a HELC exemption been approved on any farms listed on AD-1026A becausethe landlord refuses to comply? - - 9. List here or attach a list of affiliated persons with farming interests..' See reverse f for an explanation. Enter "None", if applicable. h , If items 7 or 8 are answered "YES", circle the applicable farm -number on AID- 1026A. : - - During either the crop year entered in item 3 above, or the term of a requested i1SDA 'loan: - 10. Will you plant or produce an agricultural commodity on land for which a highly erodible . YES NO Iand determination has not been made? f 11. Will you plant or produce an agricultural commodity on any land that is or was a wet area on which planting was made possible by draining; dredging, filling, or leveling or any other means after December 23, 1985?J -" = 12. Will you, or have you since November 28, 1990, made possible the planting of any crop-, pasture, agricultural commodity, or other such crop by: (a) converting any wet areas by draining, dredging, filling, leveling, or any other means, or, (b) improving, modifying, or maintaining, an existing drainage system? 13. Will you convert any wet areas for fish production, trees, vineyards, shrubs, building construction, or other no_n-agricu/ ltur/al use? I�11F :S'"1. , .-1 .-i _•7 F'�r)M/lr !, H/1. •i.ill< �!(�~ - If answers to items "YES" for any one of these items, sign and date in item 14_below. Circle the applicable tract number on AD-1026A, or list tract number in item 12 on AD-1026A. ASCS will refer this AD-1026 10,11,12, or 13 are: to SCS for a determination. DO NOT sign in item 16 until SCS determination is complete. "NO" for all of these items or SCS determinations are complete, complete item 16. I hereby certify that the above Information, and the informadon-on attached AD-r02641's, Is true and correct fo the best of my 14. Signature of knowle0,1 rid bellef, Producer14"Ebateii 3O_-53 15. Referral To SCS (Completed by ASCS) Enter a if a SCS detetrtiination is needed'because 'Yes' El Date Preferred ' Signature ofASCS Representative is answered in item 10, 11, 12, or 13. ! J. . I .C1 NOTE: - Before signing In item. 15,.Read AD-1026 Appendix. I hereby certify that the above Informatlon,'and the Information on attached AD4026A's, Is true and correct to thebest of my knowledge and belief. It Is my responsibility to Me a now AD-1026.In the event them are any changes In my farming . operatlon(s): In signing this form, I also certify that l have nwelved and will comply with the compliance requirements on- AD-1026 Appendix 16. Signature of _ Producers Date 17. Renard: SCS-C `02( -joil Conservation Service (June 91) HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION DETERMINATION 4. Name of USDA Agency or Person Requesting Determination 1. Name and Address of Pen y � .� $rfAtmyW Tract No. SFCT1nN 1 _ HIGHLY FRODIRLE LAND 2. Date of Request 3. County lie 1.)d1fr- 6. Is soil survey now available for making a highly erodible land determination? Yes ❑ No ❑` FIELD NO.(s) TOTAL ACRES 7. Are there highly erodible soil map units on this farm? Yes ❑ No 0'`- 8. List highly erodible fields that, according to ASCS records, were used to produce an agricultural commodity in any crop year during 1981-1985. 9. List highly erodible fields that have been or will be converted for the production of agricultural commodities and, , according to ASCS records, were not used for this purpose in any crop year during 1981-1985; and were not enrolled in a USDA set -aside or diversion program. 10. This Highly Erodible land determination was completed in the: Office Field ❑ � i ,4 �4_114-110t: hM:ra1N- I@11 FIELD NO.(s) TOTAL ACRES 11. Are there h dric soils on this farm? Yes ❑ No ❑ 12. Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Fanned Wetlands Pasture (FWP). Wetlands may be farmed under natural conditions. Fanned Wetlands and Farmed Wetlands Pasture may be farmed and maintained in the same manner as they were prior to December 23, 1985, as long as they are not abandoned. 13. Prior Converted Cropland (PC). Wetlands that were converted prior to December 23, 1985. The use, management, drainage, and alteration of prior converted cropland (PC) are not subject to the wetland conservation provisions unless the area reverts to wetland as a result of abandonment. 14. Artificial Wetlands (AW). Artificial wetlands includes irrigation -induced wetlands. These wetlands are not subject to the wetland conservation provisions. 15. Minimal Effect Wetlands (MW). These wetlands are to be farmed according to the minimal -effect agreement signed at the time the minimal -effect determination was made. 16. Mitigation Wetlands (MIW). Wetlands on which a person is actively mifigating a frequently cropped area or a wetland converted between December 23, 1985 and November 28, 1990. 17. Restoration with Violation (RVW-year). A restored wetland that was in violation as a result of conversion after November 28, 1990, or the planting of an agricultural commodity or forage crop. 18. Restoration without Violation (RSW). A restored wetland converted between December 23, 1965 and November 28, 1990, on which an agricultural commodity has not been planted. 19, Replacement Wetlands (RPW). Wetlands which are converted for purposes other than to increase production, where the wetland values are being replaced at a second site. 20. Good Faith Wetlands (CfW+year): Wetlands on which ASCS had determined a violation to be in good faith and the wetland nas been restored. 21. Converted Wetlands (CW). Wetlands converted after December 23, 1985 and prior to November 28, 1990. In any year that an agricultural commodity is planted on these Converted Wetlands, you will be ineligible for USDA benefits. 22. Converted Wetland (CW+year). Wetlands converted after November 28. 1990. You will be ineligible for USDA program benefits until this wetland is restored. - 23. Converted Wetland Non -Agricultural use (CWNA). Wetlands that are converted for trees, fish production, shrubs, cranberries, vineyards or building and road construction. 24. Converted Wetland Technical Error (CWTE). Wetlands that were converted as a result of incorrect determination by SCS. 25. The planned alteration measures on,wettands in fields are considered maintenance and are in compliance with FSA. 26. The planned alteration measures on wetlands in fields are not considered to be maintenance and if installed will cause the area to become a Converted Wetland (CW). See item 22 for information on CW+year. _ 27. The wetland determination was completed in the office F1 field and was delivered[] mailedM to the person on M. Remarks // /'V 14 �y""��- 29. 1 certify that the above determination is correct and adcquare for use in dercrmining 30. Signd s of SCS Di ct Conservationist 31. Date eligihiliryfor USDA program benefrts, and that wetland hydrology, hydric soils, and i hydroph yric vegetation under normal circumstances exist on all areas outlined as Wetlands. Farmed wetlands and Farmed w elands Pa cur[. LLLJJJ AssiWoncae and programs of die Solt Conservation Service available without regard to race, relVion, color. sex, 's or handicap. t I}:,d . 5, •� ..4, ,yp-y'.x,Y •, ir'L tih 7:#>'' '•, S. ' ;-" '1 ''�-"` i•:�t``� •/ .� .r �L-t�{t��e��� r t iu�I,ia�l 4C't'�,�' .r :,•' ~ OY •'Y v�'ir,. r�r3 L'I 1'Jk'��i'�.`, ...,.v�; .r.'ti.,1. `0. I;d .',1 , ,.'.•i,�l f' r]� �r^asol'i�.. 4N�s•,'!'y'`. •.Til ;1•n 't ,''r. 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A Gr Ra Ra Gr Mk,' _ GoA -Ra Ra' GoA NoR ii k G oA G.A GOA ; --_` 0 o x t GoA EmNoB No _ NoB _ 4 Go NaS NoS I ic�0 3 a GoA oQ GoA .aA p JddN f' r 09 t Ra = GcA a 05 AAk �Mk 1� F __/= '• 3" i - y - A-+.f:x•- -GoA Gr `'r.[ i] - - F; NOS U e r a i ► -P Gr��� Emq Y4 Ra ' , 5c8.}pk"`` ree Now 2 7 r EmA EmA +ti -' _ . :-Mk,- F , GoA :GoA Mk IEmA NoB { Y v\vt.•. AYB2 ire x Ra _ -AYB2 3`a' _ . EtnA AY82 r2 s � _ � -a GaA $ t� GoA NoB GoA r tY �•�: _ _ r:� fail EmA �41k - Highsmith AYB2 Nob _ No8" \ .rt[ + ,,,j-.:.! ••.; - NoB J•ti-cus 1'ti;" ,. ••AYB2.• GoA' ` Emll�' - Tt r ttUEMA' .NoB AuB 't EmAy r• - Mk - Fo A2I�ai. WAST2 I0ITAG T PTridi CT3rZ`PIFICATIO*I FOR =of OR �ALia7E'.a P`��DLOTS PZeas* retn= the cex. 1*ted fox= to the Division of F_-vi=on:antal ifa ageneat at tha add=nsa oil the revarn4 aid* of this forte. Name of farm (please print) :Dengl� H. Hall Address: 46/S R&.7j 133 fro Po,.yt n/G 3 S Phone No.: 9/o-Szo-aZ53 County : Farm location: Latitude and Longitude• ' 3f' oa' /Z7' n! J�E7 (required) . Also, please attach a copy of a county road map with location identified. Type of operation (swine, layer, dairy, etc.) : Sw;,)6 Design capacity (number of animals:): 347Z 6edcr_ F.;7.s% Average size of operation (12 month population avg.) :,147Z. F44dew-__-,,;;r i Average acreage needed for land application of waste (acres) 4.6ee-r ssaa=saaaa�aadxe aeassaaaz:aaszaassaasa ascs�saaassaaaa7esasaaaa3aasssa aaaat sa saaas�azss Techical Sp*ciaiist Cartificatioa As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 67 .0005, I certify that the new or expanded animal waste management system as installed for the farm named above has an animal waste management plan that meets the design, construction, operation and maintenance standards and specifications of the Division of Environmental Management and the USDA -Soil Conservation Service and/or the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001-.0005. The following elements and their corresponding minimum criteria -have -been verified by me or other designated technical specialists and are included in the plan as applicable: minimum separations (buffers); liners or equivalent for lagoons or waste storage ponds; waste storage capacity; adequate quantity and amount of land for waste utilization (or use of third party) ; access or ownership of proper waste application equipment; schedule for timing of applications; application rates; loading rates; and the control of the discharge of pollutants from stormwater runoff events less severe than the 25-year, 24-hour storm. Nama of Technical Specialist (Please Print) Affiliation: 17tndee S.i/ a.+d "Ae,- L'o.vservtti... D,x�ri4f - 4 Address (Age_*jcy) : P.o, Bat Z40 Phone No. 916. Zs9 - i434S 4 Signature: L«.,,.4- '. c+ .1 Date: nLA-Cl Z��199S aas-a�=a=etcaaa=�saa:aaaa3�azsaR 7Raasaasssaa�aasanta:a�sa=szo��ssa a.aoae�s Owner/Uanager A�eeL7eat I (we) understand the operation and maintenance procedures established in the approved animal waste management. plan for the fa--m named above and will implement these procedures. I (we) know that any additional expansion to the e-<izting design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state either through a man-made conveyance or through runoff fram a storm event less severe than the 2S-year, 24-hour storm. The approved plan will be filed at the -farm and at the office of the local Soil and Water Conse-•vaCion District. Name of Laad owner (Please Print)- �`` Signature:_ 6D J�r J[IGL,eJ�r Date: `.2 y` Nana of yaaager, if different from owner (Please print): Signature: • Date• Nota: A change in land ownership requires notification or a new certification (if the approved plan is changed) to be submitted to the Division of Environmental Management within 60 days of a title transfer. OEM USE ONLY:ACNiW# /Stalte of North Caroiino._ De�artrs %ent of E=nviror lent, health and Natural Resources Division of Environmental Mcnogement James B. Hunt, Jr., Govemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E.. Director C7_--_RTZ?19_'XTTQN ZOR kaLg OR - E AN TEEZLQTS WSTRUCTIONS FOR CEDTIFICATION OF APPRO=- ANIMAL WASTE MANAGn= PLANS FOR Y--- W OR EXPANDED ANIMAL WASTL' I__ANAG SYSTEMS SER=G F"r _.JT LOTS In order to be deemed permitted by the Division of Fzivironmental Management (Dal), the owner of any new or expanded 'a.nimal waste management system constructed after January 1, 1994 which is designed to serve greater than or equal to the animal populations listed below is required to submit a signed certification Earn to DE.*3 bst4 the new animals are stocked an the fa-^.n. Pasture operations are exempt from the requirement to be certified. 100 head of cattle 75 horses - 250 swine 1,000 cheap 30,000 b;-ds with a liquid grants system The certification must be signed by the owner of the feedlot (and manager if different from the owner) and by any technical specialist designated by the Soil and Water Conservation Commission pursuant to 1SA NCAC 67 .0001-.0005- A technical specialist must verify by an on -site inspection that all applicable design and construction standards and specifications are met as installed and bat all applicable operation and maintenance standards and specifications car, a met. Although the actual number of animals at the facility may vary from time to time, the design capacity of the waste handling system should be used to dete-amine if a fad is subject to the certification requirement.' For example, if the waste system for a feedlot is designed to handle 300 hogs but the average population will be 200 hogs, then the waste management system requires a certification. This 'certification is required by regulations governisig animal waste management systems adopted by the Environmental Management Commission (EMC) on December 10, 1992 (Title 15A NCAC 2H .0217).- C?g,nT-1giT1Q1T FORX On the reverse side of this page is the certification form which must be submitted to DEM before new animals are stocked on the farm. Assistance in completing the form can be obtained from one of the local agricultural agencies such as the soil and water conservation district, the USDA -Soil Conservation Service, or the N.C. Cooperative Extension Service. The form should be sent to: Department of Environment, Health and Division of Environmental Management Water Quality Section, Planning Branch P.O. Box 29535 Raleigh. N.C. 27626-0535 Phone: 919--733-5083 -orm ID: ACNE 0194 Natural Resources Steve W. Tedder, Chief Water Quality Section Date. /SIFT_- P.O. Box 29-535, Rdeigh. North Ccrorr,.:s 27626-05. 55 Telephone 919-733-7015 FAX 919-733-249d An EGud Opportunity AC`jmCfve Action Empfoyer SM rscyded/ 10% pest-corm=er paper n JPe� FEAR n ' 31 � i' � � � �s ! �a arc!!-��• [ 4 J g l 71 ul 1 n S�� ti n � ti W�Ni 410-2 Folkad ft �� ~ it ATTAC:-SENT A Page 1 WASTE UTILIZATION PiAN Producer Donald l4,xll County Address 4415 H,*X 133 RaLky Ff. Kind of Operation Ne- z845-7 Type of Waste Facility A- 6."- Your animal waste management facility has been designed for a given storage capaciy . When the waste reaches the designed level, it must be land applied at a specified rate to prevent pollution of surface and/or ground water. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops on the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle and annual soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are-impartant..in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates and Leaching potental. Waste shall not be applied to land eroding at greater. than 5 tons per acre per year. Do not apply waste on saturated soils or on land when the surface is frozen. Either of these conditions may result in runoff to surface waters. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. The acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements may be more or Less based on the waste analysis report from your waste management facility. The design of your waste management facility is based on the following: Amount of Waste „Produced fie` Year: 3G72. animals x 1.9 aste /animal/yr 71..+ total waste produced. ATTACcL**�._.NT A Page 2 ou t -Qf Nitrogen_ Produced_ Per Year: 34,-7?,—animals x Z•3 lbs N/animal/yr = St S• 16 total N Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. Your facility is designed for _1g o days of storage. Therefore, it will need to be pumped every 61 months. .r The following acreage for waste application will be needed based on the crop to be grown and surface application: Maid soil Crop Realistic Lbs. M Acres - Lbs. M Month of Type Yle1d Per Ac. Utilized Application ig-b A Q. 5.5 +or 97$ .77 4.75 Ytilarr-k- DG+• Z • A C. gee 5.S 4a.,s C 7s S 13 G 1 • 25 rttarC-i. w 2Q± goA ea! 5.5 4-ens L 75 Z•79 G . 25 Y1 &r4l. - Oe. - 6,9 .5 -%s z75 i3.s Z.so �. o�.t• TOTAL Amount of M Produced Surplus w-C4 i c 0 L 7. 7S 64qS, 66 — S& 15_ Narrative of Operation ..,..IL. 144 I'-S dAea-AEe' ars;a �sr .ea�4L c�,cs�esQ.I• N� vs�l( r+tuD Call the Soil and Water Conservation District Office after you receive waste analysis report to obtain the amount per acre to apply and the irrigation application rate prior to applying waste. Prepared by f. y t 4d, 7�7 N me Title �jD, Fto Concurred in by / 3 � � / `7 Producer Date (Copy to producer and copy to case file) .. ' I of * ` LIU � ���orKtr. _ -t - -- - - _ _ �i - -- - - - - --7. T _ T teen . Ua:Cleri� X. � ct-1 l:tie — - }jam IL dv y li r - - - .r.. - ._ - - - -- --- - - ... - -- - -�,._ 1 _.dam � �- : _: :":. -:'_ - - - -;- - — .- , , -- 2 -� ,- - �-_�� •.� I- •- - - - -'- --'- _ Pt+ ' ,- - I , - - , 1- 47 4-1 AN, �-"`ii- ;.-� __ I" --{- -1' `��•- I S- �-�-?-- -; i _,�_.i-_ i 1� �I - �--* 1-?-ii , 1_T -_� .�ri-.�.�,. !_�.f.�� S! ��!_- T� ji I i I � _ .� - - Yj • - -.._ _ - - i I -I I ' I ' -._ • �'---.1_.. ice_. _-_ '— _ �_ 1`l��'t•r Y7 �,iuSt ' LG ., .._+r•NQO_� _ -i" , -. _-'- _ ._ ...- i- -- i� ice: j _I 3 i 1 'L < i 1_' i I T1 - _ I ��? --t_'-�' _ -_ "_—� _ 7_ �'1..r� __ _ , —.._ .— r _ '" � «-. ^— E l fI fT -- -- -- - -- . -- - - - �--`_ I '"_i- i :.T. _ ! I I I I ' I i I i F f -^ •_ —__ -- 1 iJ r I j 1, I I t -' I I 1 1 F 1 I I I..y_� ,• I I I I! !T? '-'�I I I I I I -"{ �7 �_ I i t I _._ o '�' ! I I.�-»'-�-i I' i I _ry 1",�TYy,•. TI�'•_�__'� L� ��j�---�-��"� �_JT� t--}tt--------'-}--. T I ! I 1 t ' 1 1 _ I I 1+ � �'Y'� 1 _ .. � • �. t1�- 1 _ I I i I _i { •! I I _t 1 -__.•__>T _1_� f -1`- � I � � i - - � ---L,-' -__ __ f' I - � 1 , 1 1 r '� I. _ - '..- - - - _. - . l - {� �' �- I I • � -_ ti,--t- 7`-(_�_ �i'_I�i 1 1 � ' I l - � I ! 1 I � �. �1 ��_ 1- °_. � � 1 �i �'i f.. L_ _-_•_ •-��' _i.--a'-1-T���-� ' 1 I i l I i -_ -i-• _ -- Y --- ' , I S I - I ' : ; - '—•-"--------__TLj r �' - • ; � 1 —i.wi� _ --- --, � r--1-1---..� _ _.._ :+-- '- I I i I I 1 , . I 1 1 1 I I �� 1! =; I 1{ i 1 1 1 I � T= 1 ! I ' .�j -� I__rj 1_-r__j_._e T -`- -� IT 1 I - 1 - I". - -- - •-' ..� I- �- i I- ; } 'I I i T ' 1 I-' I I i - i _ � �- --• I - --- 1-� - k I : t I• I T i 1 I --�I !�rr__-'. ;�+� r_ 1 I t- 1 I - 1 - 1 I I I I I ... I .. - - i i--- -'t- I p ��_-�• I ' �' I i_--1=-= _ice T I .� I I • i I!- i i i ' r 1 i '-.-'- ' I I- - ._. __ -i- _._- - I I 1 ! I IJ� r _, Y. _• •, I _t __ _ i"F - _�i -�__♦, __- - --- - _ ___--1—i -- _I--`---i 1-1- -- T'"�� �I r_�.���_ "r• I._--ti.• .-' t —_�. i.. ._._. - t.. !�o—i-+ .�.1 1 _4 - - V I I "-' - - - --...-- - -- ----- - - - �_ -" " - -r ---T� -. 1 - 1 -i - I7t f Chun } : �.y-.- f 1 1 - - - - - - nA r _ U. S. DEPARTMENT OF AGHICULTCTR ,—F rt :-'-�-=, — - - -._-_ _... ; - l%SOIL CONSERVATION SEHViCE------------ - �Ii _ - . .. o 91 -r12- .r WASTE UTILIZATION PLAN ---------------------- Owners name --:Donald Hall County:Peader Mail Address -:Rocky Point, NC 28457 Type of production unit ---- :Feed -Fin Number of animal units-----: 3672 Type of waste facility -----:Anaerobic Lagoon Temporary'storage period---: 180 days Method of application ------ :Irrigation Amount of animal waste produced------------------. 6977 tons/year Amount of plant available N produced by animals-: 8446 lbs./year Commercial N to apply on planned acreage--------: 0 lbs./year Your animal waste utilization plan has been specifically developed for your swine operation. The plan is based on the soil types, crops to be grown, and method of application for your particular operation., The waste must be land applied at a specified rate to prevent pollution of surface and/or ground water. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. waste should be analyzed before each application cycle and annual soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates and leaching potential. Waste shall not be applied to land eroding at greater than 5 tons per acre per year. Do not apply waste on saturated soils or on.land when the surface is frozen. Either of these conditions may result in runoff to surface waters. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or not more than 30 days prior to planting. Soil incorporation of waste will conserve nutrients and reduce odor problems. Page 2 The acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Annual acreage requirements may be more or less based on the waste analysis report for your waste management facility. YOUR WASTE UTILIZATION PLAN IS BASED ON THE FOLLOWING: Tract Field Soil Crop Yield Lbs. N Acres Lbs. N Month to No. No. Type Code /Acre /Unit Used Apply 7108 1 NoB K 0 100.00 980 S-APRIL 7108 1 NOB B 5.2 50.00 9.8 2548 MAR-OCT 7108 2 NoB K 0 100.00 490 S-A.PRIL, 7108 2 NoB B 5.2 50'.00 4.9 1274 MAR-OCT 7108 3 GoA K 0 10.0.00 280 S-APRIL 7108 3 GoA B 5.5 --50.00 2.8 770 MAR-OCT 7108 6 NoB K 0 ioo.00 880 S-APRIL 7108 6 NoB B 5.2 50.00 8.8 2288 MAR-OCT Total 26.3 9510 Available Nitrogen (includes commercial) 8446 Surplus Or Deficit -1064 Crop codes: Crop -unit A=Barley-bu I=Oats-bu. B=Bermudagrass(graze)-tons J=Rye-bu. C=Bermudagrass (hay) -tons K=Small grain (graze) -acre D=Corn(grain)-bu. L=Small grain(hay)-acre E=Corn ( silage) -tons M=Sorghum (grain) -cwt . F=Cotton-lbs. lint W=Wheat-bu. G=Fescue(graze)-tons Y=Fescue(pasture)-tons H=Fescue(hay)-tans Z=Bermudagrass(pasture)-tons Acres to Overseed 9.8 4.9 2.8 8 8 26.3 Page 3 If more commercial fertilizer is used than shown in this plan, then additional acres of land may be needed. A three to fifteen feet wide permanent grass filter strip should be seeded along all ditches in fields that receive animal waste. Additional comments: _ .,. _ - - - cam;- - - c.- -w- - - - -_ _ --- - - - ; - - _ -,�.�„�,� _ t,L_ �,u,;.�•_ _ - - - I ��G- _/�~'"-'�i.` - =a't a ate.'-•_ °p -44 ------------------ -------------------------- Prepared by: _-eA,� I- � Title 'Date: 5-.Z4'-fS Concurred in by: off_ Date: t Producer I understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied on the land according.to this plan at the appropriate times and at rates that no .runoff occurs. �'• Date: Producer Technical Specialist: -x.f� r. xr Date: S-211-56' �Y 4 jr o. m, •34 'y /j 11P to, i!l W 0 1­4! 0, I'a jj .1� k;Z 11.1 A 7 -V j or iq XIV fu, j !Illy Yi, vA L In of 4�p Ai l! t - Se j ;. J, lj ­1A, ,.I ot air,v -ir _ �� F "�'� ���, r - - � ;: �- � t -z L - IL- �a 0 .1rIf /A, Am 2L -/L Cd9