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HomeMy WebLinkAbout820478_ENFORCEMENT_201712312 N NORTH CAROLINA Department of Envimnmental W6 RECEIVED DEQIDWR Water Resources Environmental Quality MAY 2 6 2017 WQROS FAYET EVILLE REGIONAL OFFICE May 23, 2017 CERTIFIED MAIL - #7016 2140 0000 0564 3593 RETURNRECELPT REQUESTED Seacoast Group, LLC Sampson Sow Farm 5205 Masonboro Harbour Drive Wilmington, NC 28409 Dear Seacoast Group, LLC: ROY COOPER . Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director SUBJECT: Request for Remission of Civil Penalty Farm # 82-0478 Sampson County Permit No. AWS820478 File No. PC-2016-0054 In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division of Water Resources considered the information you submitted in support of your request for remission and remitted $500.00 of the $3989.58 civil penalty assessment. The revised civil penalty is therefore a total amount of$3489-58, which includes $489.58 in investigative costs. A copy of the Director's decision is attached. Two options are available to you at this stage of the remission process: 1) You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: Miressa Garoma NC DEQ-DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, NC 27699-1636 OR 'Nothing Ctampares =-__-. Slate of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regioaai Opemdoas Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 Seacoast Group, LLC Enforcement # PC-2016-0054 Page 2 of 2 2) You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the completed form to: Miressa Garoma NC DEQ-DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, NC 27699-1636 The EMC Chairman will review the supporting documents and' your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EMC may choose to uphold the original penalty amount and offer no remissions, they may agree with the DWR Director's remission recommendation detailed above, or the penalty amount may be further remitted. Thank you for your cooperation in this matter, If you have any questions, please contact Miressa D. Garoma at (919) 807-6340. Sincerely, Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch ATTACHMENTS cc: Fayetteville WQROS Regional Supervisor File # PC-2016-0054 WQROS Central Files (AWS820478) DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: PC-2016-0054 Region: Fayetteville County: Sampson Assessed Entity: Seacoast Group, LLC Permit: AWS820478 ® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Not reporting a high freeboard is a permit violation. The lagoons at this farm were in a high freeboard for nearly 3 months, with freeboard levels in the structural freeboard at times. Due to not reporting the freeboard, there was never a POA issued to the farce which is also required. ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: No known environmental impacts are known. ® (c) Whether the violation was inadvertent or a result of an accident: We do not feel this was an accident when 6 of the 7 farms reported as required, and the other 6 farms submitted POA's. ® (d) Whether the violator had been assessed civil penalties for any previous violations: No previous assessed civil penalties. ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑ Partial Remission 0'0 (Enter Amount Remitted) J n D to rev 1.0 — S..31.09 STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: SEACOAST GROUP, LLC ENVIRONMENTAL MANAGEMENT COMMISSION DWQ Case Number: PC-2016-0054 REQUEST FOR ORAL. PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty Remissions in the matter of the case noted above, in making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my on 'nal remission re ues and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. If you area corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with bearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of , 20 SIGNATURE TITLE (President, Owner, etc_) TELEPHONE Water Resources Environmental Quality February 24, 2017 CERTIFIED MAIL - #7009 2250 0000 80871757 RETURNRECEIPT REQUESTED Seacoast Group, LLC Sampson Sow Farm 1505 Masonboro Drive Wilmington, NC 28409 Dear Seacoast Group, LLC: ROY COOPER Governor MIC14AEL S. REGAN Secretary S. JAY ZIMMERMAN Director SUBJECT: Assessment of Civil Penalties for Violation(s) of 15A NCAC 2T .0105(e)(2) Farm # 82-0478 Sampson County Enforcement File No. PC-2016-0054 This letter transmits notice of a civil penalty assessed against Seacoast Group, LLC in the amount of $3500.00, and $489.58 in investigative costs, for a total of $3989.58. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR -�"--�'"Nothing Compares'! ---.- State of ]worth Carolina I Environmental Quality I Division of Water Resources Water Quality Regional operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 Assessment of civil penalty Seacoast Group, LLC Enforcement # PC-2016-0054 Page 2 of 3 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below, as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. in determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of their decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. 40 a--4-z-- Assessment of civil penalty ' Seacoast Group, LLC Enforcement # PC-2016-0054 Page 3 of 3 You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office ofAdministrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150131-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DEQ as follows: William F. Lane, General Counsel DEQ 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment_ If you have any questions, please contact Miressa D. Garoma at (919) 807-6340_ Sincerely, on Ris d, Chief Water Quality Regional Operations Section Division of Water Resources ATTACHMENTS cc: Fayetteville WQROS Regional Supervisor w/ attachments File # PC-2016-0054 w/ attachments WQROS Central Files w/ attachments Sampson County Health Department RECEIVED DEQiDWR FEB 2 S 2017 WQROS FAYETTEVILLE REGIONAL OFFICE r STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN TBE MATTER OF SEACOAST GROUP, LLC FOR VIOLATIONS OF SWINE WASTE MANAGEMENT SYSTEM GENERAL PERMIT AWG100000 PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY FILE NO. PC-2016-0054 } } } FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES ) Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources (DWR), 1, Jon Risgaard, Chief of the Water Quality Regional Operations Section of the DWR, make the following: 1. FINDINGS OF FACT: A. Seacoast Group, LLC is a corporation organized and existing under the laws of the State of North Carolina. B. Seacoast Group, LLC owns and operates Sampson Sow Farm, a swine animal feeding operation in Sampson County. C. Seacoast Group, LLC was issued Certificate of Coverage AWS820478 by DWR, under General Permit AWG100000 for Sampson Sow Farm on October 1, 2014, effective upon issuance, with an expiration date of September 30, 2019. D. Condition V.2. of General Permit AWG100000 states that "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 except that there shall be no violation of this condition if: (a) there is a storm event more severe than a 25-year, 24-how event, (b) the Permittee is in compliance with its CAWMP, and (c) there is at least one (1) foot of structural freeboard." E. The CAWMP for Seacoast Group, LLC requires that the waste level in the lagoon does not exceed twenty-six (26) inches in lagoon A and nineteen and one half (19.5) inches in lagoon B below the top of the lagoon wall. F. DWR staff from the Fayetteville Regional Office (FRO) inspected Sampson Sow Farm on July 28, 2016 and observed when examining FRBD-1 lagoon level and rainfall records that there were several non -reported high freeboard events. According to farm records, on December 14, 2015, a lagoon/storage pond (A) level was documented at 25 inches. Lagoon A remained non -compliant until March 14, 2016, this lagoon was within the permitted level at 27 inches. L G. According to farm records, on February 23, 2016 a lagoon/storage pond (A) level was documented at 11 inches of freeboard. On March 4, 2016, this lagoon reached 9 inches and was not out of Structure until March 7, 2016. H. According to farm records, on or about December 18, 2015 a second lagoon/storage pond (B) level was documented at 18 inches of freeboard at the lagoon. Lagoon B remained non- compliant until March 12, 2016 the lagoon level was documented to be back within permitted level at 24 inches. I. According to Sampson Sow Farm records, on February 3, 2016 a lagoon/storage pond (B) level was documented at 1 I inches of freeboard at the lagoon. On February 9 and 17, 2016, this lagoon reached 5 inches and was not out of Structure until March 11, 2016. Condition I11.13. of the General Permit AWG 100000 states that `"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: (e) Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V.2. of the General Permit. (f) Failure to maintain waste level in a lagoon/storage pond below that of the designed structural freeboard (twelve (12) inches from top of dam or as specified in lagoon/storage pond design). Note that this notification is in addition to the report required by Condition III.13.e above." K. The Fayetteville Regional Office had not received notification from Seacoast Group, LLC that the waste level exceeded the level specified in the CAWMP of twenty-six (26) inches for Lagoon A and nineteen and one half (19.5) inches for lagoon B. L. On September 16, 2016, DWR issued a Notice of Violation/Notice of Intent to Enforce (NOV/NOI) to Seacoast Group, LLC identifying violations of NCGS 143-215.1 and General Permit No. AWG100000. The violations include failure to maintain lagoon/storage pond level as specified in the facility's CAWMP. Failure to report by telephone to the FRO following first knowledge of the occurrence of failure to maintain waste level as specified in lagoon/storage pond design. M. The NOV/NOI was sent by certified mil, return receipt requested and received on September 21, 2016. N. The cost to the State of the enforcement procedures in this matter totaled S489.58. Based upon the above Findings of Fact, I make the following: I1. CONCLUSIONS OF LAW: A. Seacoast Group, LLC, are "persons" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S. 143-212(4). B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1. C. The above -cited failure to maintain the liquid level in the lagoon at the level specified in the CAWMP violated Condition V.2. of the General Permit AWG100000. D. The above -cited failure to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence i of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V.2. violated Condition 1111.13. e. & f. of the General Permit AWG 100000. E. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by N.C.G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against Douglas Bordeaux pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-2 82. 1 (b)(8). G. The Chief of the Water Quality Regional Operations Section, Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Seacoast Group, LLC, are hereby assessed a civil penalty of. $ r2CXx� For violating Condition V.2. of General Permit AWG100000 for failure to maintain adequate freeboard in the two lagoons at the level specified in the CAWMP. $ I SGa For violating Condition III.13. e. & f. of General Permit AWG 100000 for failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours, first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 2. s-3S70a TOTAL CIVIL PENALTY which is percent of the maximum penalty authorized by N.C.G.S. 143-215.6A. $489.58 Enforcement costs $ 3 4 t S $ TOTAL AMOUNT DUE Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation.; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Seacoast Group, L1LC, in accordance with N_C_G.S. 143-215.6(A)(d). (Date) on RE d, Chief W ity Regional Operations Section lion of Water Resources JUSTIFICATION FOR RENIISSION REQUEST APS Case Number: PC-2016-0054 County: Sampson Assessed Party: Seacoast Group LLC Permit No.: AWS820478 Amount assessed: $3989.58 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in NCGS 143B-282.1M were wronaffilly avolied to the detriment of the petitioner (the assessment factors are included in the attached penalty matrix and/or listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil_penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: \Rem. req. STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST SEACOAST GROUP, LLC PERMIT NO. AWS820478 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC-2016-0054 Having been assessed civil penalties totaling $3989.58 for violation(s) as set forth in the assessment document of the Division of Water Resources dated, February 24, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE Signature WIN DIVISION OF WATER RESOURCES CIVIL PENALTY ASSESSMENT FACTORS Violator: Seacoast Group, LLC County: Sampson Case Number. PC-2016-0054 Permit Number: AWS820478 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; In reference to the cited violation, no harm to the natural resources of the State was observed, to the public health, or to private property was documented. With no on farm waste application records or waste analysis DWR/WQROS is unable to determine if waste was applied above agronomic rates, when it was applied or if any runoff of applied waste occurred. 2) The duration and gravity of the violation; A compliance inspection was completed on July 28, 2016 and documented that the farm was in compliance except that the farm failed to notify DEQ/WQROS of high freeboard situation from December 14, 2015 through March 14, 2016 ?u„Js A- ' ±, ,sJ I a, d kw' Ae 1 6 re ro.f fL+, os --,IL 3) The effect on ground or surface water quantity or quality or on air quality; The effect on groundwater quality could not be measured. 4) The cost of rectifying the damage; This factor cannot be determined because there is no evidence of a discharge to the waters, of the State. 5) The amount of money saved by noncompliance; Cost of noncompliance did not save the farm any money because the effluent still had to be pumped somewhere. Possibly, pump and haul or loss of hogs could have entailed the loss of several tens of thousands of dollars, both in direct costs and loss of income. Considering the area of the lagoons in question to be about 2 acres, dividing by 2 to accountfor slope inside the lagoon banks and multiplying by the inches of liquid to be removed at an average of 14 inches would yield 14 acre inches or 380,128 gallons to be removed minimum. (27,152 gallons per acre inch) This pretty much coincides with the amount of pumping done to get the farm in compliance when the contribution of the hogs present and rainfall are considered. This would cost about $0.02 per gallon to move if a place close by could be found that could receive the lagoon water. If all the parameters could be met the cost to pump and haul would have likely been a minimum of $7600.00. Conversely, with 1100 sows and an average of 25 weaned pigs per year, and income of $12/weaned pig, removal of the hogs for the time the farm was in structure would have been calculated this way: 1100 sows X 25 weaned pigslyear divided by 365 dayslyear = 75 pigs per day. One or more of the lagoons was in structure from February 3 until March 11 or 37 days. $12/pig X 75 pigs/day X 37 days = $33, 300.00. These numbers were furnished by Mr. Curtis Barwick as a solid estimate. 6) Whether the violation was committed willfully or intentionally; The 01C and permittee both know that reporting high freeboard and subsequent POA are required by the permit. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There has only been one previously reported freeboard violation under this ownership. 8) The cost to the State of the enforcement procedures. $489, 58 l --�4 4l�� Date J Risgaard rev 1.0 - 8.31.09 Violator: Farm Name: Contact Person: Address: Facility #: Regional Office: Inspector: Report Prepared by: Date: Case Narrative: DIVISION OF WATER RESOURCES ANIMAL OPERATIONS ENFORCEMENT CASE REPORT Seacoast Group, LLC Sampson Sow Farm Mr. Joe Szaloky 5205 Masonboro Drive, AWS820478 Fayetteville Bill Dunlap Bill Dunlap January 12, 2017 Wilmington, NC 28409 On July 28, 2016 during a routine compliance inspection by staff of the NC Department of Environmental Quality (DEQ), Water Quality Regional Operations Section (WQROS) It was discovered that the farm lagoons had been in high freeboard for most of December, January and February of 2015/2016. Specifically, lagoon A was less than 25 inches from December 14, 2015 until March 14, 2016. The permitted minimum freeboard for that lagoon is 26 inches. Furthermore, lagoon B, went into high freeboard of 18 inches on December 18, 2015 and was not out until March 12, 2016 when it was recorded at 24 inches. The Permitted minimum freeboard for this lagoon is 19.5 inches. Additionally, farm records documented on the form FRBD-1 that lagoon B was in the structural level of the lagoon at 11 inches on February 3, 2016 and was as high as 5 inches on February 9 and 17, 2016, and was not out of the structural level until March 11, 2016. Lagoon A was in the structure at 11 inches on February 23, 2016, reaching a high of 9 inches on March 4, 2016 and was not out of structure until March 4, 2016. At no time was DEQ, WQROS advised of these matters, nor did the office receive a PIan of Action regarding the situation. Farm and/or Company Compliance History: NOV - High Freeboard — August 22, 2003 NOV - High Freeboard — June 19, 2001, previous ownership NOV - High Freeboard — August 31, 2000, NOV -- With recommendation for enforcement, High Freeboard - April 4, 2000 Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance: On August 1, 2016 an NOV was sent to Mr. Joe Szaloky of Seacoast Group. 11C. Mr. Szaloky replied promptly by email on August 10, 2016. Prior to preparing the enforcement case some errors were noted on the original NOV and an Amended NOV was sent on September 16, 2016, Mr. Szaloky responded by email on September 16, 2016. Mr. Tim Autry was very forthcoming with information regarding the records and his efforts to reduce the freeboard during a period of difficult weather. Fish kill observed? Y/N If vcs, include report from WRC: No fish kill was observed.. Mitiga. tine Circumstances: According to statements provided by Mr. Tim Autry and Mr. Szaloky, all the farms under his direction or management report high freeboard to Ms. Toni King, who notifies DEQ/WQROS for the other farms because they are mostly managed by individuals with a language barrier problem. Ms King also prepares the flan of Action for the farms, and forwards them to DEQ/WQROS. Mr. Autry assumed she was doing the same for him. While the other 6 farms in a similar situation did report, this one did not. Fully reporting on other farms does not excuse failure to report on this one. Recommendation: The Fayetteville Regional Office is recommending assessment of civil penalties pursuant to G.S. 143-215.6A. Assessment Factors required to be considered by G.S. 143B-282.1(b): The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from violation: In reference to the cited violation, no harm to the natural resources of the State was observed, to the public health, or to private property was documented. With no on farm waste application records or waste analysis DWR/WQROS is unable to determine if waste was applied above agronomic rates, when it was applied or if any runoff of applied waste occurred. The duration and gravity of the violation: A compliance inspection was completed on July 28, 2016 and documented that the farm was in compliance except that the fann failed to advise DEQ/WQROS of high freeboard situation from December 14. 2015 through March 14, 2016. The effect on ground or surface water quantity or quality: The effect on groundwater quality could not be measured. The cost of rectifying the damage: This factor cannot be determined because there is no evidence of a discharge to the waters of the State. The amount of money saved by noncompliance: Cost of noncompliance did not save the farm any money because the effluent still had to be pumped somewhere. Possibly, pump and haul or loss of hogs could have entailed the loss of several tens of thousands of -dollars, both in direct costs and loss of income. Considering the area of the lagoons in question to be about 2 acres, dividing by 2 to account for slope inside the lagoon banks and multiplying by the inches of liquid to be removed at an average of 14 inches would yield 14 acre inches or 380,128 gallons to be removed, minimum. (27.152 gallons per acre inch) This pretty much coincides with the amount of pumping done to get the farm in compliance when the contribution of the hogs present and rainfall are considered. This would cost about $0.02 per gallon to move if a place close by could be found that could receive the lagoon water. If all the parameters could be met the cost to pump and haul would have likely been a minimum of $7600.00. Conversely, with l 100 sows and an average of 25 weaned pigs per year, and income of'$12/weaned pig, removal of the hogs for the time the farm was in structure would have been calculated this way:I 100 sows X 25 weaned pigs/year divided by 365 days/year = 75 pigs per day. One or more of the lagoons was in structure from February 3 until March 1 1 or 37 days. $12/pig X 75 pigs/day X 37 days = $33,300.00. These numbers were furnished by Mr. Curtis Barwick as a solid estimate. Whether the violation was committed willfully or intentionally: The O1C and permittee both know that reporting high freeboard and subsequent POA are required by the permit. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: There has only been one previously reported freeboard violation under this ownership. Summary of Enforcement Cost: The cost to the State of the enforcement procedures: Bill Dunlap 10 hours @ $27.67 /hr. $ 276.70 Asst. Supervisor, Allen 1 hours @ $45.68/hr. $ 45.68 Supervisor, Henson 1 hours @$44.36/hr. $ 44.36 Certified Mail 1 @ 6.46 $ 6.46 Central Office Administrative Cost $ 100.00 Mileage-1 trips, total 42 mi@ $0.39 $ 16.38 Total S 489.58 STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF Seacoast Group, LLC FOR VIOLATIONS OF SWINE WASTE MANAGEMENT SYSTEM GENERAL PERMIT AWG100000 PURSUANT TO NORTH CAROLINA GENERAL STATUE 142-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY File No. PC-2016-0054 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES ) Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Section Chief of the Water Quality Regional Operations Section of the DWR. Make the following: FINDINGS OF FACT: A. Seacoast Group, LLC is a corporation organized and existing under the laws of the State of North Carolina. B. Seacoast Group, LLC was issued Certificate of Coverage AWS820478 by DWR, under General Permit AWG100000 for Sampson Sow Farm on October 1. 2014. effective upon issuance, with an expiration date of September 30, 2019. C. Condition No. V. 2. of the General Permit states in part that "The maximum waste level in lagoons/storage ponds must not exceed that specified in the Certified Animal Waste Management Plan (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." D. The CAWMP for Seacoast Group, LLC requires that the waste level in the lagoon does not exceed twenty-six (26) inches in lagoon A and nineteen and one half (19.5) inches in lagoon B. E. DWR staff from the Fayetteville Regional Office (FRO) inspected Sampson Sow Farm on July 28, 2016 and observed when examining FRBD-I lagoon level and rainfall records that there were several non -reported high freeboard events. According to farm records, on December 14, 2015, a lagoon/storage pond (A) level was documented at 25 inches. The permitted level for this lagoon is 26 inches. Lagoon A remained non -compliant until March 14, 2016, this lagoon was within the permitted level at 27 inches. According to farm records, on or about December 18, 2015 a second lagoon/storage pond (B) level was documented at 18 inches of freeboard at the lagoon. The permitted level for this lagoon is 19.5 inches. Lagoon B remained non -compliant until March 12, 2016 the lagoon level was documented to be back within permitted level at 24 inches. F. Condition No. 111.13.e. of General Permit AWG 100000 requires that the Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V. 2. of the issued permit. G. Farm documented on its waste structural freeboard form FRBD-I that on December 18, 2015 one or both of your lagoon levels were inadequate. One or both lagoons were still in the 24 hour/25 year return period storm, plus heavy rainfall level (RED) until March 14, 2016. H. The Fayetteville Regional Office had not received notification from Seacoast Group, LLC that the waste level exceeded the level specified in the CAWMP of twenty-six (26) inches for Lagoon A and nineteen and one half (19.5) inches for lagoon B. 1. Condition No. 111.13.f. of General Permit AWG 100000 requires that the Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain waste level in a lagoon/storage pond below that of the designed structural freeboard (twelve (12) inches from top of dam or as specified in lagoon/storage pond design). Note that this notification is in addition to the report required by Condition 11I. 13. e. of the issued permit.' J. According to Sampson Sow Farm records, on February 3, 2016 a lagoon/storage pond (B) level was documented at I inches of freeboard at the lagoon. On February 9and 17, 2016, this lagoon reached 5 inches and was not out of Structure until March H, 2016. According to farm records, on February 23, 2016 a lagoon/storage pond (A) level was documented at i l inches of Freeboard. On March 4, 2016, this lagoon reached 9 inches and was not out of Structure until March 7, 2016. K. The Fayetteville Regional Office had not received notification from Seacoast Group, LLC that the waste level exceeded the designed structural freeboard (twelve (12) inches from top of dam or as specified in lagoon/storage pond design). specified in the CAWMP. L.. On September 16, 2016, DWR issued a Notice of Violation/Notice of Intent to Enforce (NOV/NOI) to Seacoast Group, LLC identifying violations of NCGS 143- 215.1 and General Permit No. AWG100000. The violations include failure to maintain lagoon/storage pond level as specified in the facility's CAWMP. Failure to report by telephone to the FRO following first knowledge of the occurrence of failure to maintain waste level as specified in lagoon/storage pond design. M. The NOV/NOI was sent by certified mail, return receipt requested and received on September 21, 2016, N. The costs to the State of the enforcement procedures in this matter totaled $489.58. Based upon the above Findings of Fact, 1 make the following: II. CONCLUSIONS OF LAW: A. Seacoast Group, LLC is a "person" within the meaning of G.S. 143-215.6A Pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. The above -cited failure to maintain the liquid level in the lagoon at the level specified in the CAWMP violated Condition No. V. 2. of the General Permit A WG 100000. D. The above -cited failure to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 2 violated Condition No. 111. 13. e. of the General Permit. E. The above -cited failure to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in lagoon/storage pond below that of the designed structural freeboard twelve (12) inches from the top of dam. Required in Condition No. V 2 violated Condition No. 111. 13. f. of the General Permit F. Seacoast Group, LLC may be assessed civil penalties pursuant to NCG.S. 143- 215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. A. General Statute 143-215.3(a)(9) and G.S. 143B-282.1(b)(8) provides that the reasonable costs of any investigation, inspection or monitoring survey may be assessed against a person who violates any regulations, standards, or limitations adopted by the Environmental Management Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2. G. The Section Chief of the Water Quality Regional Operations Section, Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: 111. DECISION: Accordingly, Seacoast Group, LLC is hereby assessed a civil penalty of: $ for violating Condition No. V. 2. of General Permit AWG 100000 by failing to maintain the liquid level in the lagoon at the level specified in the CAWMP. $ for violating Condition No. 1I1. 13. e. of General Permit AWG100000 by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 2. $ for violating Condition No. Ill. 13, f. of General Permit AWG 100000 by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond below that of the designed structural freeboard twelve (12) inches from the top of dam greater than or equal to that required in Condition No. V. 2. $489.58 Enforcement costs S TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally, (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. IV. NOTICE. 1 reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Seacoast Group, LLC in accordance with N.C.G.S. 143-215.6(A)(d). (Date) Jon Risgaard, Section Chief Water Quality Regional Operations Section Division of Water Resources PAT MCCRORY Governor DONALD R. VAN DER VAART Water Resources rENv1R0Nl9ENTAL QUALITY August 1, 2016 CERTIFIED MAIL 7010 3090 00013216 4366 RETURN RECEIPT REQUESTED Sampson Sow Farm Seacoast Group, LLC Mr. Joe Szaloky 5205 Masonboro Drive Wilmington, NC 28409 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code 15A NCAC 2T . 1304 NOV-2016-PC-0202 Sampson Sow Farm Facility Number 82-0478, AWS820478 Bladen County Dear Mr. Szalokv seo—Y S. JAY ZIMMERMAN Director On July 28, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations inspected the Sampson Sow Farm and the permitted waste disposal system. We wish to thank Mr. Tim Autry for his assistance during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal Waste Management Plan. (Permit No. AWS090125 Section V 2). According to farm records, on or about February 7, 2016 during a lagoon/storage pond level was documented at l l inches of freeboard at the lagoon. On or about February 14, 2016 during a lagoon structure evaluation inspection a lagoon/storage pond level was documented at 5 inches of freeboard at the lagoon. On or about March 14, 2016 the lagoon level was documented to be track within permitted level of 19 inches. A level of 19 inches is the maximum level allowed by your permit. State of North Carolina ` Environmental Quality I water Resources 1511 Mail seMce Center I Raleigh, Borth Carolina 27699-1611 919 707 9000 Mr. Szaloky August 1, 2016 Page 2 Required Corrective Action for Violation 1: Continue to follow the actions outlined in your permit. Take all necessary additional steps to insure lagoon levels remain in compliance with Section (V 2) of your permit. Violation 2: Failure to notify Division of Water Resources of inadequate freeboard in the lagoon within 24 hours in accordance with your permit: (Permit No. AWS090125 Section III 13e). Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a reportable permit condition, The Division of Water Resources has no record of receiving the 24-hour notification and the 5 day written report. You documented on your waste structure freeboard form FRBD-1 that on February 5, 2016 your lagoon levels were inadequate. On February 5, 2016 you reported lagoon level of 11 inches. It was further documented that on February 14, 2016, lagoon levels were at 5 inches. Required Corrective Action for Violation 2: In the future, please notify the Division of Water Resources of the occurrence of any reportable events in accordance with your permit. The Division of Water Resources requests that, in addition to the specified corrective action above, please submit the following items on or before (September 11 2016): 1. An explanation from the 01C for this farm regarding how this violation occurred. 2. A list from the OIC concerning the steps that will betaken to prevent this violation from occurring in the future. You are required to take any necessary action to correct the above violations on or before September 1, 2016 and to provide a written response to this Notice by September 1, 2016. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. W. Szaloky August 1, 2016 Page 3 As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director -of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors, which should be considered, please send such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person' who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning; this Notice, please contact Bill Dunlap or me at (910) 433-3300. Sincerely, Belinda S. Henson Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: Christine Lawson, DWR Animal Feeding Operations Program Smithfield Fayetteville Regional; Office,WQROS.files t .,� UNITED 5TA iEStG5P/0-'�t+IGE '"I Flrst-Class Mell nj Postagey& Fees Pall {.° �F ' { ASPS r, ] •t-- #�'L'R.., in I � +.1,, ;4 „ Permi4•IJo 1 • Sender7,Please pdnt:ydur name address; and'ZIR+4'in this box • i NCDEQ 'DIVISION OF WATER RESOURCES ' r ' .AT'1'N BILL�DUNLAI' sv •t RECEIVED � `I n` ' 225<GREI N STREET,SUITE 71�EQ/DWR ya `a '' "' - rx FAYETTEVILLE NC-28301' S095Affi(` xr 8z.d:rl,r t..uiN r, .:.nnfyy �e° $Y r+, ],p'IiJU O,:82�16�4t ti n? 1Gr ➢ y: 1 t .� tx F 't, ¢ }' :4!I IfF ]: �' � I�Illllrir��irl�����lrl�lllrllllnnll!�rll��l��n�lllulllr��l�l ' h r,�. _ __ .. _ y u. _>. _. ter. .' d _ n..... _ � . _ a ➢i �. t 1�. _ ..l F .. F. "',^ -t9:R• mow. -. -_ ... ..." .�i 1. V. �;. t iS WMI I P�Z W::f.A o utitj �.f IUE. c .,m 41 a ' 7010 3090 ct aYES enter deBvery etldtess `� � No - `�i 'J 5 •? j[. H )K i a teO�iEF W ❑ Regktereds . - >(Rat m Reoe fbr Midwhc"* 3216 U.S. Postal Service:.: CERTIFIED MAIL I. RECEIPT Coverage Provided) (Domestic Mail Only; No insurance •- wGOMy For ddhr`ery informat�an F p1$1t our w,osite at -usPs _ � I. Water Resources FNYtRONNENtAL QUALITY PAT MCCRORY Cowmor DONALD R. VAN DER VAART SeGtrtary S. JAY ZIMMERMAN Dtrecror September 16, 2016 CERTIFIED MAIL 70101870 0003 4774 3619 RETURN RECEIPT REOUESTED Sampson Sow Farm Seacoast Group, LLC Mr. Joe Szaloky 5205 Masonboro Drive Wilmington, NC 28409 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT (Amended) Administrative Code 15A NCAC 2T .1304 NOV-2016-PC-0428 Sampson Sow Farm FacilityNumber 82-0478, AWS820478 Sampson County Dear Mr. Szaloky This is an Amended NOV from the previous one that was dated August 1 NOV-2016-PC-0202 ......The following items are part of the Amended NOV: Corrected NOV number, Corrected County, Violations 1-2 have been modified, and Violation 3 was added. On July 28, 2016 staff of the NC Department of Environmental Quality (DEQ) Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Sampson Sow Farm and the permitted waste disposal system. We wish to thank Mr. Tim Autry for his assistance during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal Waste Management Plan. (Permit No. AWS090125 Section V 2). According to farm records, on December 14, 2015, a lagoon/storage pond (A) level was documented at 25 inches. The permitted level for this lagoon is 26 inches. Lagoon A remained non -compliant until March 14, 2016, this lagoon was within the permitted level at 27 inches. According to farm records, on or about December 18, 2015 a second lagoon/storage pond (B) level was documented at 18 inches of freeboard at the lagoon. The permitted level for this lagoon is 19.5 inches. State of North Carolina I Environmental Quality I Water Resources 225 Grua Sited -Suits V41 Fayetteville, North CzDlina 28301-$043 91 P-433-3 300 Mr. Szaloky September 16, 2016 Page 2 Lagoon B remained non -compliant until March 12, 2016 the lagoon level was documented to be back within permitted level at 24 inches. Required Corrective Action for Violation 1: Continue to follow the a3ctions outlined in your permit. Take all necessary additional steps to insure lagoon levels remain in compliance with Section (V 2) of your permit. Violation 2: Failure to notify Division of Water Resources of inadequate freeboard in the lagoon within 24 hours in accordance with your permit: (Permit No. AWS090125 Section III 13e). Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Resources has no record of receiving the 24-hour notification and the 5-day written report. You documented on your waste structural freeboard form FRBD-1 that on December 18, 2015 one or both of your lagoon levels were inadequate. One or both lagoons were still in the 24 hour/25 year return period storm, plus heavy rainfall level (RED) until March 14, 2016. Required Corrective Action for Violation 2: In the future, please notify the Division of Water Resources of the occurrence of any reportable events in accordance with your permit. Violation 3: _ Failure to notifv Division. of Water Resources within 24 hours of a failure to maintain waste level in a lagoon/storage pond below that of the designed structural freeboard (twelve (12) inches from top of daps or as specified in lagoon/storage pond design). Note that this notification is in addition to the report required by Condition IH.13.e above in accordance with your permit: (Permit No. AWS090125 Section III 13f). According to your farm records, on February 3, 2016 a lagoon/storage pond (B) level was documented at 1 I inches of freeboard at the lagoon. On February 9and 17, 2016, this lagoon reached 5 inches and was not out of Structure until March 11, 2016. According to farm records, on February 23, 2016 a lagoon/storage pond (A) level was documented at I 1 inches of freeboard. On March 4, 2016, this lagoon reached 9 inches and was not out of Structure until March 7, 2016. Mr. Szaloky September 16, 2016 Page 3 Required Corrective Action for Violation 3: In the future, please notify the Division of Water Resources of the occurrence of any reportable events in accordance with your permit. In the future, please notify the Division of Water Resources of the occurrence of any reportable events in accordance with your permit. The Division of Water Resources requests that, in addition to the specified corrective action above, please submit the following items on or before (October 30, 2016): 1. An explanation from the OIC for this farm regarding how this violation occurred. 2. A list from the OIC concerning the steps that will betaken to prevent this violation from occurring in the future. You are required to take any necessary action to correct the above violations on or before September 30, 2016 and to provide a written response to this Notice by September 30, 2016. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty .assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors, which should be considered, please send such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact Bill Dunlap or me at (910) 433-3300. Sincerely, f 4fAnt Belinda S. Henson Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: Christine Lawson, DWR Animal Feeding Operations Program Smithfield _Fayetteville Regional Office .WQROS files ' �-.�- f r ✓ � ��r � ;s- kr 4r � . F � [ . wx tF-, �' s, - c - ;UNITED;S'TATE3 O;TAL'SERVICEt ;T' '1 First -Class; Mailus �y os Perini No C410 j f r N:iSerider Pte,yase print jrourF+name address; anr! ZIPyy+�4® in thls�bax' x r'�-1 J Y f F .-. yy - y € - •• F�� - :� iW C 'F y ? .r } F •. �, k _ 4 r •'-ya 1� ;+ate '�' 6 _ F w j��-x �•?�`F`'` i # �' —� 4 = .. . ^r �'�CC= °N`CDEQ, VISIONOI~ WATEW2CDE ' DLiL`AP ,> "]"i�."BILL_ ,.. 225-GREW S�'REET'SUI1'I~-7I4Q - z r f_ EAYETTEVILIE NC 2830] 5095 I-S[' Zi- _ F lr-- C F'� ttk - _s� r 4k 'rT' _ j_ + - (F `� sF x s,.-s _ �.cr _ i_ s i - v � • e'#"AYE1TEVILLE`R GlC3A!'OFI;lCE ` t N�eY address below'13 l -31 n!� OFF � Postage 21 Ceramd Fee n zelo"lFee (El--lred) 72 m D= Fee (r;:= trod) [:3 r-- Tow Postage & FBI" Go � Sent To C3 a i Type of Visit: {,,'�C_orn O Hance Inspection _0 Operation Review O Structure Evaluation Technical Assistance Reason for Visit: 7Routine O Complaint O Fallow -up O Referral O Emergency O Other O Denied Access Date of Visit: Arrival Time: LkDeparture Time: a County: 144 Region: Farm Name: S,' • J-� ��'t) Owner Email: Owner Name: 5C4_C4 1P d`d a_c Phone: Mailing Address: Physical Address: Facility Contact: It Vkk •.f m Onsite Representative: Y Certified Operator: I l Back-up Operator: Title: Phone: Integrator: 014Z -t Certification Number: ( g +t� Certification Number: Location of Farm: Latitude: Longitude: Design Current-Ciirrii:n.t`� Swine - Cap cctyP Y Wet;Poultry CapaltyPdp Cattle- C ' :Pup`: Wean to Finish La er DLt Cowµ Wean to Feeder Non -La er Da!g Calf Feeder to Finish ; - r Dai Heifer i K Farrow to Wean Design:=Corr nt ' Cow Farrow to FeederPou� ci '�P Non -Dairy Farrow to Finish Layers Beef Stocker Gilts Non -Layers Beef Feeder Boars Pullets Beef Brood Cow , P v Turke s c , Other yF TurkeyPoults - - : Other Other , Discharges and 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 DWR) c. What is the estimated volume that reached waters of the State (gallons)? _ d. Does the discharge bypass the waste management system? (If yes, notify DWR) 2. Is there evidence of a past discharge from any part of the operation? 3. Were there any observable adverse impacts or potential adverse impacts to the waters of the State other than from a discharge? ❑ Yes D<o ❑ NA ❑.NE [] Yes ❑ No ED"�A ❑ NE ❑ Yes ❑ No [rNA ❑ NE [:]Yes [:]No ❑ Yes []'Flo ❑ Yes [] No ffNA ❑ NE ❑ NA ❑ NE ❑ NA ❑ NE Page I of 3 21412015 Caniinued Facili Number: Date of Inspection: AULfe- Waste Collection & Treatment 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes [� ❑ NA ❑ NE a. If yes, is waste level into the structural freeboard? ❑ Yes [] No � ❑ NE Structure I S tore 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Spillway?: Designed Freeboard (in): Observed Freeboard (in).� 5. Are there any immediate threats to the integrity of any of the structures observed? Rryes UWo ❑ NA ❑ NE (i.e., large trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a ❑ Yes 7❑Ko ❑ NA ❑ NE waste management or closure plan? If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR 7. Do any of the structures need maintenance or improvement? ❑ Yes ❑-<o ❑ NA ❑ NE 8. Do any of the structures lack adequate markers as required by the permit? ❑ Yes [R,%-o ❑ NA ❑ NE (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 E4-K-6— ❑ NA ❑ NE maintenance or improvement? Waste AD lication 10. Are there any required buffers, setbacks, or compliance alternatives that need [] Yes ° ❑ NA ❑ NE maintenance or improvement? 11. Is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes [] No ❑ NA ❑ NE ❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.) 0 PAN Q 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 Approved Area 12. Crop Type(s): 13. Soil Type(s): 14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes �0 ❑ NA ❑ NE 15. Does the receiving crop and/or land application site need improvement? ❑ Yes [3'No ❑ NA ❑ NE 16. Did the facility fail to secure and/or operate per the irrigation design or wettable [] Yes �o ❑ NA ❑ NE acres determination? 1 17. Does the facility lack adequate acreage for land application? ❑ Yes [2�So ❑ NA ❑ NE I S. Is there a lack of properly operating waste application equipment? ❑ Yes [D No ❑ NA ❑ NE Required Records & Documents 19_ Did the facility fail to have the Certificate of Coverage & Permit readily available? ❑ Yes ❑'No ❑ NA ❑ NE 20_ Does the facility fail to have all components of the CAWMP readily available? If yes, check [] Yes ❑-Mo ❑ NA ❑ NE the appropriate box. ❑WUP ❑Checklists ❑ Design [:]Maps ❑ Lease Agreements ❑Other: 21. Does record keeping need improvement? if yes, check the appropriate box below. ET'7 ONo ❑ NA ❑ NE ❑ Waste Application �eekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Weather Code ❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and I" Rainfall Inspections ❑ Sludge Survey 22. Did the facility fail to install and maintain a rain gauge? ❑ Yes E No ❑ NA ❑ NE 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes dNo ❑ NA ❑ NE Page 2 of 3 21412015 Continued Facili Number: Date of Inspection: 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes 2 'Yo ❑ NA ❑ NE 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check 0 Yes r,],,No1 ❑ NA ❑ NE the appropriate box(es) below. ❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail provide documentation of an actively certified operator in charge? ❑ Yes Cq Mo ❑ NA ❑ NE J 27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes � ❑ NA ❑ NE Other Issues —� ' 28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document ❑ Yes [7 t<o ❑ NA 0 NE and report mortality rates that were higher than normal? 29. At the time of the inspection did the facility pose an odor or air quality concern? ❑ Yes NA ❑ NE If yes, contact a regional Air Quality representative immediately. 30. Did the facility fail to notify the Regional Office of emergency situations as required by the 214yes o ❑ NA ❑ NE permit? (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below. [] Yes G3 No ❑ NA ❑ NE ❑ Application Field ❑ Lagoon/Storage Pond ❑ Other: 32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes [3"No ❑ NA ❑ NE 33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative? ❑ Yes [�No ❑ NA ❑ NE 34. Does the facility require a follow-up visit by the same agency? ❑ Yes [?No ❑ NA ❑ NE Reviewer/Inspector Name: Reviewer/Inspector Signature: Paige 3 of 3 214120 M Division of Water Resources ❑ Division of Soil and Water Conservation 11 Other Agency Facility number: 820478 Facility Status: Active Permit: AWS820478 ❑ Denied Access Inpsection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Routine Date of Visit: 07/29/2016 EntryTime: 08:45 am Exit Time Farm Name: Sampson Sow Farm County: Sampson Region: Fayetteville 9:50 am Incident 0 Owner Emall: Owner: Seacoast Group LLC Phone: 910-293-5248 Mailing Address. 5205 Masonboro Dr Wilmington NC 28409 Physical Address: 1215 Josh Sessoms Roseboro NC 28382 Facility Status: ❑ Compliant Not Compliant integrator: Murphy -Brown LLC Location of Farm: Latitude: 35' 01' Longitude: 78" 34' 07" On the west side of SR 1406 approx..8 mile south of its intersection with SR 1414, northwest of Roseboro, NC. Question Areas: E Dischrge 8 Stream Impacts Waste Col, Stor, & Treat Waste Application E Records and Documents E Other Issues Certified Operator: Timothy Brian Autry Operator Certification Number. 998367 Secondary OIC(s); OnSite Representative(s): Name Title Phone 24 hour contact name Tim Autry Phone : On -site representative Tim Autry Phone: Primary Inspector: Inspector Signature: Secondary Inspector(s): Bill Dunlap Inspection Summary: Calibration January 13, 2016 Sludge Survey February 9 2015 A N-2.06, 0-5.664; B N-2.47, 041 56 #7, High freeboard due to chronic high rainfall #30 Failure to report permit conditions. Phone. Date: page: 1 Permit: AWS820478 Owner - Facility : Seacoast Group LLC Facility Number: 820478 Inspection Date: 07/29/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Swine Swine - Farrow to Wean 1,100 1,213 Total Design Capacity: 1,100 Total SSLW: 476,300 Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Lagoon A 26.00 37.00 Lagoon 6 19-60 22.00 page: 2 Permit: AWS820478 Owner - Facility : Seacoast Group LLC Facility Number: 820478 Inspection Date: 07/29/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Discharges & Stream Impacts Yes No Na No 1. Is any discharge observed from any part of the operation? ❑ M ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a. Was conveyance man-made? ❑M [] ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ 0110 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? ❑ M ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ 0 ❑ ❑ State other than from a discharge? Waste Collection, Storage & Treatment Yes No Na No 4. Is storage capacity less than adequate? ❑ 0 ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large ❑ ❑ ❑ trees, severe erosion, seepage, etc.)? S. Are there structures on -site that are not properly addressed and/or managed through a ❑ M ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? [] M ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit? (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 []0 ❑ ❑ maintenance or improvement? Waste Alan ieatiort Yes No No Ne 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ M ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ❑ ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? ❑ 1s PAN > 10%/10 Ibs_? [] Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ page- 3 Permit: AWS820478 Owner - Facility : Seacoast Group LLC Facility Number: 820478 Inspection Date: 07/29/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Waste Application Yes Ng No Ne Crop Type 1 Corn, Wheat, Soybeans Crop Type 2 Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Aulryville Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14, Do the receiving crops differ from those designated in the Certified Animal Waste ❑ M ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ 0 ❑ ❑ 16, Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ 0 ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ 0 ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ N ❑ ❑ Records and Documents Yes No Na Ne 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑. 0 ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ EIJEJ If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? ❑ ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Stocking? ❑ page: 4 Permit: AWS820478 Owner - Facility: Seacoast Group LLC Facility Number: 820478 Inspection Date: 07/29/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No Na Ne Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ 0 ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ 0 ❑ ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ 0 ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the ❑ 0 ❑ ❑ appropriate box(es) below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels Cl Non -compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: 26, Did the facility fail to provide documentation of an actively certified operator in charge? ❑ 0 ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ■ ❑ ❑ Other Issues Yes No Na Ne 2& Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ 0 ❑ ❑ and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ E ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ ❑ ❑ (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? ❑ 0 ❑ ❑ If yes, check the appropriate box below Application Field ❑ Lagoon / Storage Pond ❑ Other ❑ If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or ❑ 0 ❑ ❑ CAWMP? 33. Did the Reviewer/Inspector fail to discuss reviewlinspection with on -site representative? ❑ E ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ ■ ❑ ❑ page: 5 fry- tits FORM FRBD-1 Waste Structure Freeboard and Daily Precipitation Record- Farm Owner . k operator Facility Number 'JC 5,z -+ 1 50,J T_-1... I - 7 1 " �.Freeboard �WM ®®�r�rr�rr �NMWNE LIM ri�r�rr�rr S� ® ,' rrr EMEM 11M� �r6rrrrr�rir■rrrrr0 MILIM rrrrr�r�rr�rrrr rrr� ' OfM MEMrrNIrr •L- N-MEMINNINNIN MILIMI t�-r�L�l�r�rrr�■ �� i MIrIMrrrM■ RIMWe' I�n ONEWIMMINIIINIMEME M� �ir�rr��r�� ram■ LIMWIM ME= � rrrMrrrrrrr�r�■■ �r rr �rrrrrrrrr rrr�r rl� rrrrrrf�rrrrrr rrrrr ®rorrrrrrNEMI IN rr ®r�rrrrrrrrrrrr rrrrr r�r®rrrrr rrrrrrr rrrr� r��rrrrrr �r rrrr; ■�Mr rear r�mrrrrrr rrrrrrrr ��� ®r�rrrrrrrr�rrrr rrrr■r m rrrrr 1. Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2, Freeboard plus available storage capacity must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. 311412 'ZCwte - za,S FORM FRBD-1 Waste Structure Freeboard and Daily Precipitation Record - Faun owner Sot $zu �c k Operator Facility Number qjqo —Waste Structure FreeboarCinches) Precipitation �� = �� gym■®�r������ �.► 1_ Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available storage capacity muss be recorded at least weekly. 3. Rainfall must be recorded for every rain event. 31141Q3 FORM FRBD-1 Waste Structure Freeboard and Daily Precipitation Record - Farm Owner ���7 - Facility Number - ,a iea�l s • •. -—Waste Structure Freeboard'Precipitation ■i IN=OM Ali®■-�■.-�� � —_ , 4 1. Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available storage capacity must be recorded at least weekly. 3. Rainfall must be recorded for every rain event 3114/03 FORM FRBD-1 Al oTi 5{ Waste Structure Freeboard and Daily Precipitation Record, Farm owner 1 -'5pe 5 ZIrA I O Ic Facility Numbar y/aa - Sa m .5'M 5 Date ...d (inches) recipitation r� r■■■■�■■■ w rile ■■M■M■■■ M1. • M���MMMMM■■■ • . ®MMMMM■■■ — . ®�■■■■■r■�■■■■■ ram- �� 1. Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available storage capacity must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. 3/14/03 FORM FRBD-1 Farm Owner Waste Structure Freeboard and Daily Precipitation Record. :Sor ajnk&AFacility Number 1!}() 50"1 'Z—) _ _... •Trecipitation = / Fall Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available storage capaeity must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. 3114103 FORM FRBD-1 Waste Structure Freeboard and Daily Precipitation Record, Farm Owner S Operator Facility Number lx �_ . ...Trecipitation ■�■m■mr�■�■��■r ® ■NINININNININIMENIMr- . ON ONE smo■■■■■■■■��■■ , ■■■■■�■■■m■■■ r-: .. ■�■■m■�■■■t� ■■■tom r.. WIN OEM WARY 1. Lagoon freeboard is the difference between the lowest point of a lagoon ernbankrnent and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2_ Free0oard plus available storage capacity must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. 3/14103 N: Ve-m b e-r 24 I S FORM FR$D-1 Waste Structure Freeboard and Daily Precipitation Record. Farm Owner 1 30C Operator 1 r Facility Number /&'/J -+ "Waste Structure FreeboRqLnches) *PrecipftOon mum �llr'•■�-■■-�- y �m■■�■■�■■�■■ f rA ■rem _ � �■■■�■■■M■■■■■■■ �r% �m■�■■�■■■■■■�■ r:�■■ ■�■®■MMMM■■■■■■ r 1.Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available storage capacity must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. 3114103 Dece-tuber 1015 FORM FRBD-1 Waste Structure Freeboard and Daily Precipitation Record - Farm Owner woe- .Sz,:, tp Facility Number[.Iq10V Operator ; u ..Waste Structure FreeboardPrecipitation�:��:mm (inches) MINE ®INININIEN r. awl =WINE �SIMEIMIIEIEEMI �IMNI IE ■sEIM IM - NO �IMNI1010 �� r■NIMM� - r. .NMUKI SIM NIMiNr ram► MEN r mmwl®w MINE� ow M 0rEM M ■s IS IN�0110 ME j�01IN - r: 1. Lagoon freeboarhWoffer tice betty%en the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available storage capacity must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. 311 4103 7 ' ` `V . LO rC, FORM FRBD-1 Waste Structure Freeboard and Daily Precipitation Record Farm Owner J(3C�- 5 LCc 1 Ck Operator i m Ae} . kl Facility Number f Soti� Date (mmlddryy) laste Structure Freeboard inches 'Precipitation (inches) Initials A # # # I# # — A n1 iN i-3 •fG r 1L �# ~IG t I i U 1-ia- I Z + o i tL lL i ) 3 71 f ( z f! i-t3r1-� !f I(Z)7 o ! 1- � J• �� �'� l t! i L 7 _ ,- t t r- IC. F•r S 1 > I q 11- .. 1-3t- i(, J I i --^ , 1. Lagoon freeboa ts:the difference bet),een the lowest point of a lagoon embankment and the level of liquid, r- For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available storage capacity must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. .;fa Q1m FORM FRBD-1 �� , 7 , 16 Waste Structure Freeboard and Daily Precipitation Record - Farm Owner sdr_ 5 il0 Operator / M Faciiity Number qI &V - . a �- . i L/.7.-� **Wkte Structure Freeboard (inches� "Precipitation ®rr��rr�rrr�r rrrr�rrrrrr rrr r�rrorr�rr�r rrri .. �. r�r�rrrrrrir rrrr r�.�■r r�r�rrrrrrwrrrrrrr r�—rrr r�r ; rrrirrrrrrrrr ��f ®rrr�rrirrrrrrr r►�arrr . r�rurrrrrrrrrrrrrrrr rrrrrrrrrrrrrrr■rrrrr �� ®®rrtrWrrrrrrrr rr rmrrrrrrrrrmom ►..err r�r�rrrrr�rrrrr }. �r ■r�rrrrrrrr� ... • ®R'' rr� it �-;!1 • r�ir��rrrrr t •. � ®fir �• I 1 v 1 Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with Spillways, the difference between the level of liquic and the bottorn of the spAlway should be recorded. 2. Freeboard plus available storage capacity must be recorded at leas: weekly. 3. Rainfall must be recorded for every ;ain event, 3/14/03 FORM FRBD-1 Farm owner Operator Waste Structure Freeboard and Daily Precipi'tation Record Facility Numberl Saw Sam -1 qjgb T- i- 1:. 1. -5 " Date ;mrrdlIdNY) "Waste Structure Freeboar:,'-(inches ) 'Precipilal:cn (inches) Initials A 4 '1314 z - 160 3-3-16 1 Z: t 3-cl - It, 0 1,3 3 -9 - 16 13 v1d IG - I 17-1� 29 35 1 -3 3 - i I - I -76 3-6-1C 3-2o- iG 2 J 35 36 ..2j 9 3-1,+ 1 1 3:2 Z5 - Ul K, 3-77- 29 3-2116 29 3-11 29 S "J/11 1. Lagoon freeboard is the difference betwc- - the lowesl point For lagoons with spillways, the difference the level - 2, Freeboard plus avallabie storage capaciz% be recorde�� 3. Rainfall must be recorded for every rain e m. ,goon em'. d and Mr � weekly. Ad be recorded 3114103 1 2016 Forth FaBD-1 Waste Structure Freeboard and Daily Precipitation Record Farm Owner Operator f '' u r Facility Number cu - 9IDt7 iaAr— C - 33 ..Freeboard (inches) 'Precipitam �m�������� ram► IM IVHM � .0 WON=���� r� i. Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded 2. Freeboard plus available storage capacity must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. 3114103 2o1 FORM FR13o-'i Mai - Cp Waste Structure Freeboard and Daily Precipitation Record Farm Owner Scrt Operator Facility Number L11op 5 r. • f ...�W 'Precipitation (inches) ��®✓�M MINNIE ®■WIN■�■�■■■■■r�■�■f r�..�■■■ ONE - ■■■■■■■�■�■■■■ .� ■r�.. �■■■ ®■■■■■■■■■■■r WE r.�■■■ ■�■■■■MEMO we, SIM a EVIONNINNINI MEMODIONNE MEMO EE�■M■� ■M■ f ! �■MIM �■ ■ ■ram �■EIr M M 1. Lagoon freeboard i5 idle difference between the lowest point os a lagoon embankment and the level of liquid. For lagoons wish spillways. the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available storage capacity must be recordv6 at least weeMy. 3 Rainfall must be recorded for every rain event. 3/14103 FORM FRBD-1 c,,Yi e- - Z-c t Waste Structure Freeboard and Daily Precipitation Record - Firm Owner � f- -5zcdl-kq Facility Number j Operator r (4 7" •. . `s MIJf:-CVEU WIN 01 �ME MIEN IN MININIMrrN � 'MEN MINE WINEW • L IN mmIN ��■�r�r� ININ rr�� MEN �� •► 1. Lagoon freeboard is the difference between the lovtest point of a lagoon embankment and tfi 8 level of Pquid. For lagoons with spillways, the difference between the level of liquid and the bottum of the spillway should be fecorded. 2. Freeboard pius available storage capacity must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. 3114103 :To1 -�� FORM FRBD-f Waste Structure Freeboard and Daily Precipitation Record. Farm Owner Facility Number Operator recipitation ■��®�■:i WAN MINNIE IMIN MINNI■■ ■�■IN MNIMNIIMIM■■ ■ ■INWERE <tt� ME MI El ®®�■■�■�■� � fir" :A NNIMMINIMMINIM . �■■■�■■■ ■�■■■■ ram► r■■ INIMIN r� EVE ■�r7■■■■■■■■■■■ ■■IM ■ ■ ISM ■� Fam■■■■■■■ ■■ ��^ ■■�■■■■■■■■■IN ■ � r IN r� 1. Lagoon freeboard iS the dlfferenCe between the lowest point of a lagoon embankment and the level of h4uid. For lagoons with spillways, the difference between the tevet of liquid and the bottom of the spillway should be recorded- 2. Freeboard plus.available storage capacity must be recorded at least weekly. 3. Rainfall must be recorded for PVP-1 rain o.,o FORM Fi2BR-1 Waste Structure Freeboard and Daily Precipitation Record Farm Owner aac, 5 Operator Facility Number `-line 1 J.I= /n_ _� I r -—Waste Structure ... . - �M �l�rrrr�r�rr r�rm�rr�rr�rrr� rr� m®rrr�r�■�rrr �r■r • ��■r��■rir�rrrrr� r�rrN �rmrrr�rr�r�r�r r�r■r r�®�r■�rrrr��r�r�r rrr re��i�rr�rrr� �rrrr ��r�r�rrr rmrrrrrrrr�rr��■r� rrr ®r��r�rrrrr�r r■f�■r ®rr�a■���■�rrrrr�r �� ®r�rr�r��r�r�r�rr rrr�r r�■rr� rrmom■�r��rrrr � rr� •rrrrMrrr��rrr� r : �rrmrmrr�rrr� r�®��rnrrrr�r rri�rr re��mr� r�rr�r rrrr�� re�rr�r� rrrrrrrrr� - r��■r �� rr® ��r�rrr� ■r��rr�� �r�r�rrr� rrrrr� . I .lagoon freeboda d is the difference between the bwest point of a lagoon embankment and the level of liquid. —� For lagoons with spillways, the difference between the lave] of Vquid and the bottom Of the spillway should be recorded Freeboard plus available storage capacity must be recorded at least weekly. J. Rainfall roust be rec6rde ? for every rain event. Foam FRBD-16 "b's Waste Structure Freeboard and Daily Precipitation Record Farm Owner :Yoe 2 Operator Facility (dumber y icy �. .. - . �.■������ WINIS MINE MENOMONEE EM®INI rENIMEN ■�r� �SIMsI INNINIONEMINE WE MENENN ■HO • SM ME RON +. Lagoon Freeboard �s ttie difference between the iowest Pohl of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bn;tom of the spillway should be recorded. Freeboard plus available storage capacity must be recorded at least weekly. Rainfall must be recorded for every rain event, j/h drug FoRm FRBDA �t<1l+�rc�- LUiir Waste Structure Freeboard and Dally Precipitation Record . Farm Owner Operator j; u Facility Number /Vt) r r_ie� -� . ��rnr rrrrrrreer c�®rr rrrrrrrrrr r■r�■r rrr®rrrr�r�r�rr rrr■r crer�er�rrrrrrr�rrrrrr � . rrrrrr c�r�rrrr�rirrrrrrrr rrrrr I �r®rrrrrrrrrr � rrr■r ��®er®rrrrrrrrrrrr rrr� �rr�®rrrrrrrrrrr rrrrr �rr�rrrrrrrrrrrrr rrrr �r�errrrrrrrrrrrrrrr - rrrr �errrrrrrrr�rrr �r �rrrrrrr�r®rr� rrrrr �mr � • rirrrrrrrrrr rrr■r rlr�r�rrrrrrrrrrr rrrrrr ter, - rrrrrrrrrrr�r rrr■r �mr�r�r��rr r�rr r�rrrrrrrrrrrr �rrr rrr�rrrrrr�rrrr rrrrr �rr�rrrrrrrrrrrrrrr��rrrrrrr �� ■rrrrrrrr�r rrrrr = EM MMMMMMMM PA. .: �mrrrrrrrrrrr rrrrr �mrr�rr�rrrr �rrr r�rr�ar�rr�rrr�rrr�r r�rrr rmr�rr�rr�rrr�rrrrr rrrrr� rm©r�rr�rrrrr�r�rrr rrrrr� r�r®r��rrrrrrrrrrr rr�rr■ ®r�rrrrrrrrrrr irrrrr� r � �a�rrrrr�rrrrr . , rr�rr Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid. U For lagoo-is with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available storage capacity must be recorded at least weekly. 3. Rainfall must be recorded fir every rain event" FORM FRBp-1 lrprt�Q°�5. Waste Structure Preeboard and Daily Precipitation Record Farm Owner JOe 7 Operator ; Facility (dumber 10_ Te4- 4.' 3.9 MMEM =��Mm M.MM-� mw� �r��■������ - ■tom �MMM ' min MEM No MMM� 1. Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded_ Ffeeboard plus available storage capacity must be recorded at least weekly. 3. Rainfab must be recorded for every rain event_ V 14H0:'1 FoRm IRR-1 Farm owner 3a 5 Operator ; Lagoon liquid Irrigation Fields Rea*rd For Recording Irrigation Evenis on Different Fields Facky Number t{1QO -S4 S MONOMERS WHIMMI MMIMO IM110 AMA M ri'• -. EMINIM a MOM'IMINFIM Ma.,1111 MINE M 0110 IMMt.11101MM, 1. sir Eff M� Ie RW* i ARMi•. MR,�► OREM �-Vmwa J� M-'— ANN Fill MwrISO ��rt■ a no= M6MMON-41. M'Mrftj;ml L 4 AMER 'r. MME! �i'IM■OMI , EGiC S Fill /• � FIR10HOME!MONISM M'MMIMMEMEMMI =Fwt M-1-i IN IN IN ` Weather Codes: C-Clear. PC -Partly Cloudy, Ct-Cloudy, R-Rain, S-Snow/Slseol, W Windy " Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes. Note: If conditions beyond the permittee's control have caused noncompliance with the CAWMP or permit, explain on reverse. 3114f20t73 FORM IRRA Lagoon Liquid lrngation Fields Record For Recording Irrigation Events on Different Fields Farm Owner Zoe k Facility Number yr - So vrt � 25r. " 5 ,� Operator o Tract & Field 4 Date (mmrdd r) Crop Type Fiekf Size (acres) Irrigation Time itSorinklers 0 erat;n Operator Initials *Westher Code —Inspections (initiats) Start Time End Time Total Minutes 2.69 jo:qO fro 1$ Lo �4;qo )-Q - PC 1 2.)9 13 �trj1 I I ; 3o 13,'30 210 ! Z I- >ar ill, 2-61 1:3a 0 1 1-�-�4 9 30 30 ��` Weather Codes: C-Clear. PC•Parily Cloudy. Ct-Cloudy, R-Rain, S-SnowlSleeL W-Windy " Persons completing the irrigation inspections must initial to signify that inspections were compteted at least every 120 minutes. Note: If conditions beyond the permittee's control have caused noncompliance with the CAVVMP or permit, explain on reverse- 3r1412003 (;, CL FORM IRRA _� -_ Farm Owner %o f— 5i a l O �f Operates r Lagoon Liquid Irrigation Fields Record For Recording Irrigation Events on Different Fields Fepwty Number 4'i+c� .� , Tract $ Field it [late (mrisVdorl Crop Type Field Size (acres) lm atien Time # Sprinklers Operatin Operator Millais 'Went w Code "Inspections (mials Start Time End Time Total Minutes .GO �� l0 Iy;LC (SSG wt L�I , ►- l+r 13'..3e) a5'-3G t za l-•„ U C� -13•�G �• 1 ��f� fir✓,-3d !ZG �„�, ' C � i i ki.I 1 2• IL ..I( � 11; Ut') :140 A L 46� Z ' C Z 1 (, , (?:IO t?:qG A,4 Z )?;�i4 I`�,LC; 2d R� I5 3o !S; c 2q0 kv., C I $-1t, 210 1--Z. C t ri . lc 2-I -I� I . S 17: 20 ) etc) 2.0 Al � J� � r 16 f, GG 1� 4� �� 20 Ail " C 2.C,G 16,UG IV 3e 1150 _ C r � 13: zo 15: Ito ! G 1- fc_ to, au 6-0 Ievo ..r. " Weather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-SnawfSleet, W-Windy Persons completing the irrigation inspections must initial to signify that inspe0ions were completed at least every 120 minutes. Note: If conditions beyond the perrnittee's control have caused noncompliance with the CAWIUP or permit. explain on reverse. 3/1412003 a a s FORM IRR-i , Farm Ownerr =3cle-SzC, do C7peraror �,.,.� �ui Lagoon Liquid Irrigation Felds Record For Recording Irrigation Events on Different Fields Fadi y Number /O?r a r 'Znj- —j Tract & Field # Date mmkidl ) Crop Type Field Size (acres) lmgabcn Time N Sprinklers Operating Operator initials 'Weather Code "Inspections tinitiais) Start Time End 7iwv Total Ninutes ztll ' �' 1�. avc `� -] j .`I ! r2' 5 it.3e I 3 z>1, io S-lC. 1 161- 36 16 :LIG 1-D t� C i L �i t ^! C CZ2r Cot. 3 (V'; I.,cpA Dl: [,rfr' 11 �So IL 3. t+ r G Gq) IV zn - 3• tZ- Ira >kdw �ld 1,60 50,15 1 3v 157 `" Weather Codes- C-Gear. PC-Partiy Cloudy, CI -Cloudy, R-Rain, S-SnowlSieet. W-W4ndy Persons completing the irrigation inspections must initial to signify that inspections were completed at least every 120 minutes. Note: If conditions beyond the permittre's control have caused noncompliance with the CAWMP or permit, explain an reverse. 311412003 ni Indicates other cells with formulas rely on user inpi lagoon Uquid irrigation Field Record One Form for Each Field Per Crop Cycle Tract # T'1493 Field # Ezzell Fleld 4 Facility # 82.478 Routine Size (Acres) 14.18 Farm Owner Seacoast Group, LLC - Sampson Sow Irrigation Operator Joseph Szoloky Owners Address 6205 Masonboro Harbour Or. Irrigation Operators 5206 IMasonbom Harbour Dr. Wilmington, NC 29409 Address Wilmington, NC 28409 Owrnees. Phone 910-293-6248 Operator's Phone 910493-6248 FrC in Animal Waste Management Plan Crop Type Soybean ,.,• f ,. ,.' Recommended PAN Leading (IWaere)=(B) 159.49 Nutrient Source Date Start Time End Tune Total lil inutes # of Swinklera Flaw Rate Tatol Volume Volume Pier Acre PAN Abildoo Ball PAN Annilpd JMitrenrtn 9a1 11HWAc' Noll= 111MUNNNEW -___ 1 R ► �,� �_ 1 11 � 1 ---- 1 1 1 R I• •• crop eycM Totals Owner's Signature zbu,399 operator's Signature Certified Operator Joseph Szolokf Operates Certifieaton # 4U,4U U tidicates other cells with formulas rery on user inpL Lagoon Liquid Irrigation Fleld Record One Form for Each Field Par Crop Cycle Tract # T1498 Field ;# Ezzoli Field 5 Facidty # 82478 Routine Size (Acres) 7.52 Farm Owner Seacoast Group, LLC - Sampson Scow Irrigation Operator Joseo Sroioky_ - - Owner's Address 620E Masonborn Harbour Dr. Irrigation Operator's 5201 MasonDoro Harbour Or. Wilmington, NC 28409 Address Wilmin tort NC 28409 Owner's Phone 910-293.6248 Operators Phone 910.293-5248 From Animal Waste Managernent Plain Crop Type Soybeain L,,t,.Sreg Recommended PAN Loading (11blacre)a4B) 159AS kvtrlellt source Datn Start Time End Time Total Minutes # of Sortnklem Raw Rene Tahl Volume Valumo Per Acne PAN (MM60e ria11 PAN Annilad kit. nk i1ml IthrAr 1 • / i � i ! �aAi:1� � � 1 / iurop quyae i otam Owner's Signature zu r,afu Operator's Signature Certified Operator Jcseph Szclaky Operator Certfficaton # of it Indicates other cells vNth formulas rely on user inpt Lagoon Liquid Iniglatlon FIHd Record One Form for Each Field Per Crop Cycle Tract # T1498 Field # Exteil Field 5 Facliity # 82-47B Routine Size (Acres) 1Q80 Farm Owner Seacoast Group, LLC - Sarrtpslorr Sow Irrigation Operator .12Mh Szoloky Ownees Address $206 Masonboro Harbour Or, Irrigation Operator's 6206Masonboro Harbour Or. Wllin ftton, NC 2840E _ _ Address Wilmington, NC 29409 Ownees Phone 910-293-b248 Operator's Phone 910-2934M Crop Type SoybeadFrom Animal Waste Management Plan .e �'...dr_ _ Rerromrnnnded PAN Loading (Ibfacre)=(6) 169.49 Nutrient iiotwen #]ate StartTime End Time Tatal Yinuten O of Bortnklms Flow Rate °rate# Veluma Volume Per Acre PA#!fIMOM mall PAN Anr4ind Nitrnn&n FW Sl_h1Ae1 4100 3111 f2016 15.03 1$.50 207.98 1 940 195,499 18.443.33 2.2 40.58 11 t;.91 311212015 10.87 14.90 242.00 1 940 227,484 21,460.73 2-20 47.21 71,70 0.55 _ - 0.00 71.70 0.00 - - 0.00 71.70 0.00 - - 0.00 71.70E 0.00 - - 0.00 71.70' 0.00 - - 0.00 71.701 0.00 - - 0.00 71.70� 0.00 - - 0.00 71.70 0.00 - - 0.00 71.70 71.70 0.00 - - 000 71.70 0.00 - - 0.00 71.70 0.00 - - 0.00 71.70 0.00 - - 0.00 71.70 0.00 - - 0.00 71.70 0.00 - - 0.00 71.70 0.00 - 0.00 71.70 0.00 - - 0,W 71, 70 crop %,yve locals Owner's Signature A11.1ttt4 OperabDes Signature Certified Operator Joseph Szoloky Operator Cerdticatort # W 81. IV Indicales other cells with formulas rely on user iKipl lagoon Liquid Irrigation Field Record One Form fw Each Field Per Crop Cycle Tract # T1498 Field # Euell Field 7 Faciltty 9 Routine Mra (Acres) 10.90 Farm Owner Seacoast Group, LLC - Sampson Sow Irrigation Operator Owner's Addrxmss 6206 Masonboro Harbour Dr, I"ation Operator's VAImin ton, NC 28409 Andress Owner's Phone 910-203-6248 Operator's Phone r om Animal Waste IlMdnagesnent Plan Crap Type 5.1bean�.�l e1 w�Sc -- Reca/nmlmded PAN Loading J1Wcre)-(B) 82479 Joseph Szoloky 620 Masonboro Harbour Or. Wilmington, NC 20409 $10-293-5248 59.49 Nutrient Snurea out* Shalt Thna End Time Total IbinuMa A of 8ndnidars Flow Rang Total Vnrirtia Vniumn Per Anra PAN r1h1111m nail PAN AmMad NNrmmn Hn11LbfA1 IN 00.1oil f 11 I I• !I Grop QYM TOWS z31,240 4I. i U Owner's Signature Operat,oes; Signature Certified Operator Joseph SzOocy OperatorCeritficaton # W catea other cells with formulas rely on user inpl Lagoon Liquid frrigatlion Field Record Ono Form for Each Field Per Crop Cycle Tract # T1498 Field # Fszell Field 8 Facility 8 Routine Site (Acres] 19.37 Farm Owner 8.escoast Group LLG - 3aMon Sow_ Irrigation Operator Owner's Address 5206 Ma wnbor+o 14arbc► it Dr, Irrigation Operator's Wllmin , W 28409 Address Owner's Phone 91 C.293-6248 _ Operators Phone F rn Animal WasW Management Plan Crap Type Soybean Recommended PAN ' Loading (lhfacrel-i[B) 82478 Joseph Szoloky 5245 Maeonboro Harbour Dr. Wlimlgton, NC 28409 910-293-62U 132.94 Nufftat qdm3rra na,a Sftut Tlmn PM Tlmn Tatal Minutrm a nr Snrk*lars Flew Rota Tntnl Vniuma Veltnno Ppr Acres PAM llh(1flM nall PAAI Annlind f0maan Ral IliilA MEW Mil Crap Cycle Iotals 310,GZZ Owner% Signature Dpmtor's Signature Cert#ied Operator Joseph Szolaky OperatorCerti#icaton # 4z.sr Indicates other cells with formulas rely on user inpk Lagoon Liqu}d t►rtgation Field Rocord One Form for Each Field Per Crop Cycle Tract P T1498 Field 4 Ezzetl Field 9 Facility 92-478 Routine Size Ocres) 11.64 Farm Owner Seacoast Gtoup�LLC - Sampson Bow Irrigation Operator Joseph szolor j Owner's Addmm _ 5206 119monborn Harbour Dr. - Irrigation Operator's 5206 Masonboro Harbour Dr. VAImulgton,_NC 28409 Address Wlllnin tan, NC 28409 Owner's Phone 910-293-SM � OperaWs Phone 910-20-5248 f� /} From Animal Waste Management Plain Crop Type � Sq ea T t'_ �Sr4d Recornmanded PAN W Loading (lblacre)=(B) 136.86- - - — Nutrient Snurm i3afn, Start Timn Fnd Timn total Mkiutxm 4 rrf Serinilnrs Flow Rate Totrl VnAimw Vntuma Peer Acra, PAN (Ih11tSAA nalk PAM Arnnkkvd Nltrnaan F1a1 ELhtA ���� 1 11 � ■ 1 11 1 11 Crop yr re I otals Owner's Signature 441,0/!1 Operator's Signature Certlfled Operator Joseph Sxoioky Operator Certiflcallon # 4a.UQ D Indicates adwr cells with formulas rely or user inl•t Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle Tract 4 T1496 Field 0 Pull 17 Raudne Size jAcres) L60 Farm Owner Seacoast Group, LLC - Saminen Saw Owner's Address 5206 Masonboro Harbo.or Dr. V llrrdngton, NC 28.409 Owners Phone 910-203.6248 .._- FacfBty # Irrigation Operator Irrlm Mon Operator's Address Operator's Phone From Animal Waste Managennent Plan 82478 Joseph SzoloL"f 5206 Masonbom Harbour Dr. Wllmlrgton, NC 28409 910-293-5248 - Crop Type Wheat Recommended PAN Loading (Ib(acre)¢(B) 144 Nutrient SnurcP Qau Start Time End Time Total ldinutes U nl Surrnklam Flan Rats Tafml Volume Vahmnu Per Arne RAN M11000 call PAN Aonlied NNrnnnn RzJ 1LkdArl 4100a 4l10J2Q15 8.00 9.50 90.0] 1 120 10,800 4,153.85 1.56 6 49 137,& 111412010 11.00 16.50 330.03 1 1201 39,600 15,230.77 1.56 23.76 113.7E I A EV2016 11.50 13.67 130.2] 1 120 15,624 8, 009.23 1.56 9.37 104.31 1l2f 018 14.00 17.00 180.07 1 12GTj 21,60C 8,307.69 1.56 12-96 91.4: 112712016 10.50 14.00 2-10.03 -- 1 120 25,200 0,602.31 1.56 15,12 76.3' 1131r2016 13.50 17.04 210.03 1 120j 25,200 9,692.31 1.56 15.12 81,1E 21212016 11.33 14.33 180.03 1 120 21,600 8,307.69 1,56 12.96 48.2: 2J10l2016 15.33 19.33 180.03 1 120 21,600 8,307.69 1.56 12.96 35,2: 2/2012016 16.00 18.50 150.03 1 120 1$.000 6,923.08 1.56 10.80 24,4: 2128/201 a 13.84 1684 f 80.03 1 120 21,600 6,307.69 1.56 12.% 11,5' 313l2016 12.84 15.84 180.03 1 120 21,600 8.307.69 1.56 12.96 -1.4! 0.03 0.00 -1.4! 0.03 - 0.00 -1.4! O.OD - 0.00 -1.4! 0.00 -1.4! O XID - - 0.00 -1.4 0.03 0.00 -1.41 0.<O - - 0,00 -1.4 0.aD - 000 -1,4! crop cycle totais c4Y,4L4 Owner's Signature Operator's Signature Certitled Operator Joseph Szoiocy Operator CertfHtaton # 145.4-tl lndirates other cells mils formulas rely on user irpi Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycle 'Tact ft T1498 Field # Pull 16 Facility 8 82-476 Routine Slxe (Acres) 2-14 Farts Owner Seacoast Gran , LLC - Sa n Sawl Irrigation Operator Joseph Szoi Owner's Address 5285 Masonfaoro Harbour Dr. Irrigation Operator's SM Masonhory Harbour Dr- Wtlmington, NC 28409 Address Wilmington, NC 28409 Owner's Phone 910-213-45248 Operator's Phone 910-293.6248 From Animal Waste Management Plan Crop Type Wheat Recommended PAN LoadIng (Iblacre)=(B) I" Nub*nt Snurre nat" Start Time Fnd Thine Total IMumitian 2 of 9nrinidorn Flew Rain Tetal VnWme Vnlume Per Arm Pell MII( 11B nail PAN Annflarl Nif~%cm Mal II hldr•l 4100 V1312016 13.33 16.75 205.20 1 1311 26,881 12,561.31 1.58 %60 124.40 1i 1812016 15 e7 17.67 120.00 1 1311 16.720 7 345.79 1.66 11.46 112.94 1r2112016 14,00 15.00 120,00 1 131 15.720 7,345.79 1.56 11.46 101.45 1/26/201U 13.67 1B.00 259.00 1 131 34,034 15,90364 1.56 24,81 76.68 1/27/2016 15.90 17.00 120.00 1 131 15.720 7,345.79 1.56 11.46 65.22 1/312016 10.50 13.001 150.00 1 131 19,650 9182.24 1.56 14.32 50.89 2fif2016 11.50 13-50 120.00 1 131 15,720 7r345.79 1.56 11.46 39.43 2J11IM16 13.50 15.50 120.00 1 131 15r720 7,345.79 1.56 11.46 27.97 2JUnI316 14.50 16.50 120.00 1 131 15,720 7,345.79 1.56 IIA6 16.51 2l1812016i 12.25 15.75 210.00 1 131 27.510 12,8$5.14 1.56 20.05 -3.54 0.00 - 0. DO -3.54 9.00 - 0.00 -3.54 0.00 - - 0. DO -3.54 0.00 - - 0.00 -3.54 0.00 - - 0.00 -3.54 0.00 - - 0.00 -3 54 0.00 - - 0.00 •3.54 0.00 - 0.00 -3.54 010 - 0. CIO -3.54 crop Cycle Totals z4-z jut) Owner's Signature _-------------- -- Operator's Signature Certified Operator Joseph Szoloky Operator Cortilticaton 0 141.34 Indicates other cells with formulas rely on user inpi Lagoon Liquid Irrigation Field Record One Form for Each Field Per Crop Cycie Tract # T1498 Field # Pull 16 Facility # 82-4TS Routine Size (Acres) 1.69 Farm Owner Seacoast Group, LLC - Sampson Sow Irrigation Operator Joseph Szolaky Owner's Address 5205 Ussonbora Harbour Dr. Irrtgatlon Operator's 6205 Masonboro Harbour Dr. Wilmington, NC 2849 Address Wllmirlgtonr NC 28409 Owners Phone 910-293-6248 Operator's Phone 910-293.6248 From Animal Waste Management Plan Crop Type Wheat Recommended PAN Loading (Iblacrej=19) 144 Nutrient Sn11rrlp nati, 3t8r# Tina End Tina Tatal lMinufan J of Rw1nk am Flnw Rmhm TtAnI VAumn Vntumn Oar Erne gnu nwmnnn -ik oeu ■- -ud.a 4100 1/1212016 13.33 17.00 220.20 1 165 36,333, 13 506.69 1.56 21.07 122.9": 1/1912016 13.50 17.50 240.00 1 156 37,440 13 918.22 1.56 21.71 101.2n 1/26QO16 10.67 13.67 180.04 1 156 28.080 10,438.86 1.56 1628 84.9: 1 /30/2016 13.33 16.33 180.00 1 156 28.080 10.43.8.66 1.56 1628 88.6! 211 /2016 14.50 18.00 210.00 1 156 32.760 12178.44 1.66 19.00 49.6' 2117/2016 11.50 15.50 240.W 1 156 37.440 13,918-22 1.56 21.71 27.94 2121 /2016 13.33 15.67 140.40 1 166 21,902 8,142.16 1.56 12.70 15.2d 2/2812016 10.00 13.00 180.00 1 156 28,080 1043866 1.56 16.28 -1.0! 0.00 - - 0.00 0.00 - - 0.00 0.00 - - 0.00 -1.0! 0.00 - - 0.00 -1.0f 0.00 - 0.00 0.00 - - 0.00 0.00 - 0.00 -1.0f 0.00 - 0.00 -1,0° 0.00 - - 0.00 -1.0; 0.00 - - 0.00 -1.0t 0.001 1 111 0.00 -1.0", crop rrycle Iota is I Owner's Sig natiu re esu,l-lb Operator's Signature Certified Operator ,Joseph Szoloky ' Operator Cartlflcaton # 1 4 b.{15 raj fnd'€sates ottler calis with formulas rely on user inpk Lagoon Liquid Irrigation Fleld Record One Form for Each Flaid Per Crop Cycle 'Tract 0 T1498 field Zone 11 Facility 8 82-478 Routine We (Acres) 1.97 Farm Owner Seacoast G roup, LLC - Sampson Sow Irrigatin Operator Joseph Smioky Owner's Address 6205 Masonboro Harbour Dr. Irriga*m Operator's 5205 Masonbero Harbour Dr. Wilmington, NC 26409 AWress Wilmington, NC 28409 Gwners Phone 910-293-5248 Operator's Phone 910-293-b248 From Animal Waste Management Plan Crop Typo Wheat Recommended PAN Loading (Iblacre)=(B) 144 Nutrient 8nuree Elate Start Timm F-nd Tine T4nia1 Mlnrfiea A& Srninklera Flour Rota Tatal Vnlumn Vdmmn Vey Aem PAN rIMOM OA11 PAM Anolind Whrnnnn Rm1 f!_h1Ar 4100 1112r'2016 17.42 17.57 15.OD 16 55 13,200 6,700.51 1,56 10.45 133.5! 111412016 16-75 17.00 15.00 18 55 13,200 8 7a0.51 1.56 10.45 123.0! 1l202016 13.00 13.33 19.8D 16 55 17,424 8,844.67 1.% 13.80 10921 1127/2016 14.67 15.00 19.60 16 55 11,424 8,t344.67 1.58 13.80 95.54 ?J2f2016 10.00 13.50 30.0D 16 55 26,400 13,401.02 1.56 20.91 74.51 2114120161 1700 17.33 19.80 16 55 17.424 8 544.67 1.56 13.80 60BI 2./M20161 1700 17.33 19.80 16 55 17,424 8,544.67 1.56 13.80 47,01 311l2018 1225 12.50 15.0 16 55 13,200 6,700.51 1.56 10.45 36-5! 3l512016 16.00 16.33 19.80 16 55 17,424 8,844.67 1.56 13.80 22 7! MM016 &75 0-00 15-00 16 55 13,200 6,700.51 1.56 10.45 12.21 0.00 - - 1,56 1 0.00 12.21 0.00 - - 0.00 12.2! 0,00 - - 0.00 12.2! 0,00 - - 0.00 12.21 0.00 - 0.00 12.2! 0.00 -- 0.00 12.21 0.00 - - 0.00i 12.2! 0.00 - - 0.00 1 12.21 O.00 - - 0.00 12.2! Crop Cycle Tatars 1Eiti,3Zir Owner's Signatuv Operator's Signature Certified Operator Joseph Szoloky Operator CertiRcaton 0 C\1 IQ, I idicotes other cells with formulas rely on user inpi Lagoon Liquid Irrigation Fletd Recorrd One Form for Each Field Per Crop Circle Tract # T1498 Field # Zone 10 Fac lilty # 82-478 Roubtle Size (Acres) 1.84 Farm Owner Seacoast Group, LLC -Sampson Sow Irrigation Operator Joseph SZolo�y Owners Address 5206 Mason boro Harbour Dr. Irrlgatloa Operators 6206 Masonboro Harbour Dr. 1 Ninington, HC 28409 Address 1Mlmington, NC 28409 Owner's Phone 910-293-6240 Operators Phone 919.293-5248 From Animal Waste Management Plan Crap Type Wheat Recommended PAN Loading (Ib(acre)=(9) 144 Wutrieet souree dale art Tlaw End Time 74Nn! Minutes 9 of Snrinklem Flaw Ram TnW Veitinnn vn11kmn Par ArM PAM UMMrt nail 936W eh.,n-a Mr►....�,. ee� rr wl.. 4100 1/13/2016 12.50 12.54 20.46 16 55 17,952 9,756.52 1.66 15.22 128.71 1115/2016 11.67 12.00 19.80 16 55 17,424 8,469.57 1.56 14.77 114.0' 1120f20% 13.33 13.67 20.40 16 555 17,952 9,756.62 1.66 15.22 95.71 1/27/2016 14,00 14.33 19.80 16 55 17,424 9,469.57 1.56 14.77 84.0' 21212016 9.50 10.00 30.00 16 55 26,400 14, 347.83 1.56 22.38 61.11 2/1412016 17.33 17.67 20.40 16 55 17,952 9,756.52 1.56 16.22 46.4' 2/1912016 17.33 17.67 20.40 16 55 17,952 9.756.52 1.56 15.22 31.1i 3/1/2016 12,50 12.75 15.00 16 55 13,200 7173.91 1.56 11.19 20.0i 31&7016 16.33 16.67 20.40 16 55 17,952 01756.52 1.56 15.22 4.71 3117/2016 5.50 6,75 15.00 16 55 13.200 7.173.91 1.56 11.19 -6 4' 0.00 - - 0.00 -6.4' 0.00 - - 0.00 -6.4' 0.00 - - 0.00 4.4 0.00 - 0.00 -6.4- 0.00 - - 0.00 -6.4 0.00 - - 0.00 -6.4 - 0.00 - - 0.00 -6.4 - 0.00 - - 0.00 -6.4' 0.00 - - 0.00 -64 crop cycle I oLa is Owner's Signature 1 rr,atib 1W.41 Operator's Signature Certified Operator Joseph Smloky Operator Certtflcaton # Indicates alter cells with formulas rely cn user inpk Lagoon Liquid Irrigation Fletd Record One Form for Each Field Per Crop Cycle 'Tract # i1498 Field 0 Zone J Facllity # Routine Size {Acres) 11.60 Farm Owner Seacoast G roup_LLC - Sampson Saw Irrigetlon Operator Owners Address 5205 Masonboro Harbour Or- "anon Operstloes Wiirnlatgton, NC 28409 _ Address Owners Phone 910.2934248 Operator's Phone From Animal Waste Management Plan 82-470 Joseph 9zolaky 6205 Masonboro Harbour Dr. W1irnln n. NC 26409 910-293-6248 crop rype Wheal: Recommended PAN Loading (IblacreHB) �- 144 Nubtent sauree Mfg 9t»rt linw End'rk,ne T4ntnl Mlntim* Y nr An.inklr}m Flow Arta TMaI Vnlmmn Whirun Pnr Arm Pail fWAMIn null PAN AnnllmA Yltpe n Rai 11 hlAr' 4100 1/13/2016 12.84 13.17 19.84 14 55 15,246 9,528.75 1 .561 14.86 1291, 11192016 12.00 1233 19.80 14 55 15246 9,528.75 1.56 14.86 114.2, 100/2016 13.67 14,00 19.80 14 55 15,246 9,528.75 1.56 14.88 99.4, 1t2712016 14.33 14.67 20.40 14 55 15,708 9,817.50 1.56 15,32 84.01 2=016 9.00 9.50 30.00 14 55 23,100 14 437.50 1.56 22.52 61.5 , 2114l2016 17-67 18.00 19.80 14 551 15 4$ _ 9,528.75 1.56 14-86 46.7( 211WO16 17.67 MOD 19.80 14 551 15,246 9,528.75 1.56 14.86 31.& 3110016 12.75 1300 15.00 14 551 11,550 7,218.75 1,56 11.26 20.51 3/5/2016 16.67 17.00 19.80 14 55 15,246 9,528.75 1.56 14.86 5,7' 3r17)2016 a.25 3.50 15.00 14 55 11,550 7,218.75 1.56 11.2fi -5.51. 0.00 - - 0,00 -5.5! TOO - O.00 -5.5 f 9.00 - - 0-00 -5.5; 0.00 - - 0-00 -5.5, 0.00 - - 0-00 -5.5! 0.00 - - 0.00 -5.5: 0.001 0.00 0.00 - - 0.00 0.00 - 0.00 -5.5,1 t;rop E.ycie I oars Owner's Signature l o ,>u4 operator"$ signature CerUfled Operator Joseph 5zoloky Operator CertiHcaton # 14M.b5 a� PT LL lidicates other cells with Formulas rely on user inpt Lagoon Liquid Oftwilon Field Record One Form for Each Field Per Crop Cycle Tract 0 T1498 Field # Pull 16 Routine Size {Acres) 2.14 Farm Owner Seacoast Group, LLC - Sampson Saw Owners Address 6205 Masonboro Harbour Dr. Wilmington, NC 2840 _ Owner's Phone 910-293-6248 Facility 0 82r47111 Irrigaflun Operator Irripabon Opomtore Address Operator's Phone From Animal Waste Managernent Plan Crop Type Wheat Recommnended PAW Loading (lb(acre)a(B) .Joseph SZOILA y 6209 Masonboro Harbour 13r. Wilmington, NC 25400 910-293-5248 kutrlem Source Oats Start Time End Time Total Minutes 0 of Sm*dLkra Flaw Rate Total Valume Vohime ner Acre PAN IIM000 call PAN Anallad Nrtroenn i al (1-1:1A 41001 111312016 13.33 18.75 205.20 1 131 26,881 12,561.31 1.56 19.60 124.1 111 A12016 15.67 17.67 120.00 1 131 15,720 7,345.79 1.56 11.46 112 1121'20% 14,00 16.00 120.00 1 131 15.720 7,345.79 1.56 11.46 101.- 1121a2016 13.67 18.00 259.80 1 131 34,034 15 903.64 1.56 24.81 76, V2712016 15.00 17.00 120.00 1 131 15,720 7,345.79 1.56 11.46 65.. 1131 J2016 10.50 13.00 150.00 1 131 19,650 9.162.24 1.56 14.32 50, 2l112016 11.50 13.50 120.00 1 131 15 720 7 345.79 1.56 11.46 39., 2/11/2016 13.50 15.50 120.00 1 131 15.720 7,345.79 1.56 11.46 27 - 211312016 14,50 16.50 120.00 1 131 15,720 7,345.79 1.56 11.46 16, 2/1612016 12.25 15,75 210.00 1 1311 27,510 1Z,855.14 1,56 20.05 -3.: 0,00 - - 0.00 -3.! 0.00 - 0.00 -3.: 0.00 - - 0.00 4: 0,00 - - 0.00 -3.! 0.00 - - 0.00 -3.! 0,00 - - 0.00 4: 0.00 - - 0.00 -3.' 0.00 - - 0.00 -3.! 0,00 - - 0.00 -3,! crap Cycle Totals 207,31115 Owner's Signature Operator's Signature Certified Operator Joseph Szdaky Operator Certificaton # 147.54 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director MS MARILYN P FAIRCLOTH N&CHOGS INC PO BOX 208 AUTRYVILLE NC 28318 Dear Ms Faircloth: ' 00.9NA 74 14* 0 D E N R if L) February 13, 2001 FEB 14 2001 i __FRH ILLE SUBJECT: Acknowledgment Receipt Letter Case No. PC 00-039 Sampson County This letter is to acknowledge receipt of your check No. 15963 in the amount of $ I l 36.36 received from N & C Hogs Inc on February 13, 2001. This payment satisfies in full the civil assessment in the amount of $1136.36 including $136.36 in investigative costs, levied against Ms Marilyn Faircloth and this enforcement case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations. CC'. If you have any questions please call Steve Lewis at (919) 733-5083 ext. 539. Sincerely, /A -,&—Jeff Poupart, Supervisor Non -Discharge Compliance & Enforcement Fayetteville Regional Office Enforcement/Compliance Files #DD 0-039 Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina � " C E VE' U Al". A Department of Environment and Natural Resources Division of Water Quality �+� 1 ? poor James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED MS. MARILYN P_ FAIRCLOTH N & C HOGS, INC P. O. BOX 208 AUTR'YVILLE, NC 28318 Dear Ms. Faircloth: FAQ: c i TEVILLENCDEN.R NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NAruRAL RESOURCES December 19, 2000 SUBJECT: Assessment of Civil Penalties for Violation of Conditions of the General Permit Farm #82-478 Sampson County File No. PC 00-039 This letter transmits notice of a civil penalty assessed against N & C Hogs, Inc in the amount of Sl 136.38 including S136.38 in investigative: costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: I. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include ivaiverfonn). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Mailing Address_ Telephone (919) 733-5083 Location_ 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity l Affinnarive .fiction Emplover 309r recycled f 10% post-consruner paper lutp: //1 r2o_ enr.surte. tic. us Please submit payment to the attention of: Mr. Joe Albiston NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143E-282. I (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Joe Albiston NCDENR DWQ 1617 Mai) Service Center Raleigh, North Carolina 27699-1617 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You trust file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a Copy of the petition to: Mr. Dan McLawhorn NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty_ Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment_ If you have any questions, please contact Mr. Joe Albiston at (919) 733-5083, ext. 581 or Mr. Jeff Poupart at (919) 733-5093, ext. 527. Sincerely, C . Kerr T. Stevens ATTACHMENTS cc: Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COM2IISSION COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTTIES AGAINST ) ADMINSTRATIVE HEARING AND PERMIT NO. _AWS820478 ) STIPULATION OF FACTS FILE NO: PC 00-039 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 20 SIG`IATURE ADDRESS PO Box 208 / 1096 Nixon Road Autrvville. NC 28318 TELEPHONE STATE OF NORTH CAROLINA NORTH CAROLINA - DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SAMPSON File No. PC 00-039 IN THE MATTER OF ) N & C HOGS, INC. ) } FINDINGS AND DECISION FOR NON -DISCHARGE GENERAL ) AND ASSESSMENT OF PERMIT VIOLATIONS ) CIVIL PENALTIES } Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, 1, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. N & C Hoas, Inc. is a corporation organized and existing under the laws of the State of North Carolina- B. N & C Hogs, Inc. owns and operates the N & C Hog Farm, a swine operation in Sampson County. C. N & C Hogs, Inc. was issued Certificate of Coverage AWS820478 under General Permit AWG 100" for N & C Hogs, Inc. Farm on October 5, 1999, effective October 5, 1998, with an expiration date of April 30, 2003. D. Condition No, V. 3. of the "General Conditions" of the General Permit states in part that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (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." E. The CAWMP for N & C Hogs, Inc. Farm, requires that the waste level in the lagoon does not exceed nineteen point five (19.5) inches. F_ Condition No. III. 6. e. of the "Monitoring and Reporting Requirements" of the General Permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible. but in no case more than 24 hours following first knoxvledge of the occurrence of failure to maintain storage capacity in a Iagoon/storage pond greater than or equal to that required in Condition V. 3. of the issued permit. G. DWQ staff from the Wilmington Regional Office inspected N & C Hogs, Inc. Farm on April 4, 2000 and observed that the waste level of the lagoons were fifteen (15) and nineteen (19) inches which exceeded the level specified in the CAWMMP_ H. The Fayetteville Regional Office had not received notification N & C Hogs, Inc. Farm that the waste Ievel exceeded the level specified in the CAWMP_ I. The costs to the State of the enforcement procedures in this matter totaled S 136.38. Based upon the above Findings of Fact, I make the following_ II. CONCLUSIONS OF LAW: A. N & C Hogs, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. N & C Hogs, Inc. violated Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoon at the level specified in the CAWMP. D. The above -cited failure to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storaQe pond greater than or equal to that required in Condition No. V. 3 violated Condition No. III. 6. e. of the General Permit. E. N & C Hogs, Inc. may be assessed civil penalties pursuant to G.S. 143- 215.6A(a)(2) which provides that a civil penalty of not more than ten thousand dollars (S25,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed N`& C Hoes, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-?82.1(b)(8). G. The Director, Division of Water Quality. pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. f Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: N & C Hogs, Inc. is hereby assessed a civil penalty of: S for violating Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoon at the level specified in the CAW'MP S,_S ee for violating Condition No. M 6. e. of the General Permit by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 3 S_ oo TOTAL CIVIL. PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. S I36.38 Enforcement costs S �_ \ 3 _3 9, TOTAL-I-MOUNNT DUE As required by G.S. 143-215.6A(c). in detemii.ning the amount of the penalty I considered the factors listed in G.S. 143B-252.1(b). which are: (1) The degree and extent of harm to the natural resources of the State, to the public health_ or to private property resulting from the violation. (2) The duration and gravity- of the violation: (3) The effect on ground or surface «-ater quantity or qualicv or on air quality: (4) The cost of rectifying the damage: (5) The amount of money saved by noncompliance: (6) Whether the violation «-as committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: and (8) The cost to the State of the enforcement procedures. Z-ASN —oC. -)L_ S;� �. (Date) Kerr T. Stevens. Director Division of Water Quality N a N Nags. Inc. Phone (910) 531-3613 Fax (910) 531-3613 April 30, 2000 NCDENR 225 Green Street - Suitc714 Fayetteville, NC 28301-5043 Dear Mr. Lewis, 1215 Josh Sessoms Road Post Office Box 208 Autr}ville, North Carolina 28318 RECEIVED MAY 2 20 FAYETTEI/1„LE AEG- OFFICE I am w-ntmg this letter in response to my Notice of Violation. The violation was my mistake. however it was not intentional. The violation occurred as a result of having to clean my gutters out in my farrowing rooms. I had been conserving and not completely cleaning them since the hurricanes of 1999. The weeks prior April 04, 20001 had to clean the gutters to avoid the high potential for disease that was threatening my herd_ In order to get the gutters cleaned it took fresh water in both pressure and volume. Therefore that added to the liquid level in the lagoon. A second problem is with the design of my lagoons_ That is my lagoons were constructed with no spillway between them. This was one of my concerns with having the two lagoons as they are. This is a problem because two of my farrowing rooms had to be re-routed to discharge in the newly constructed lagoon. Yet the two rooms are flushed from the old lagoon, so when these rooms are flushed the water is transferred from the old to the new lagoons through these Farrowing rooms. The old lagoon is the lagoon in which my irrigation systems are set up to pump out of, so in effect I have to pump back and forth between the two lagoons in order to regulate my levels, and sometimes in weather as we have had it is very difficult to manage. Records should show that l was back in compliance on April 6, 2000 and 1 notified Robert Heath in Fayetteville on the morning of April 7, 2000 that the lagoon was back into compliance and that my hay was cut. Also I was confused with the calling in time, because of the 12" we had in the hurricane season. I have never had to call in until last fall. In error I assumed that 12" was the point to call. I have reviewed my laws and books and also questioned Mr. Heath on my violation date and realize that I was in error, and know now that I am supposed to call in if my level is less than 19". I sincerely apologize for my mistake and will keep up with the changes better in order to maintain the clean record I had before this incident. Thank you for taking the time to read my response and taking it into consideration. Sincerely, oel L_ Faircloth Jr. Sec.ITrea. Certified Operator #20022 Facility#82478 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIViSION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY April 17, 2000 CE&TIEIED MAIL RETM RECEIPT REQJJESTED Ms. Marilyn P. Faiarcloth P.O. Box 209 Autryville, NC 28318 SUBJECT: NOTICE OF VIOLATION Notice of Recommendation for Enforcement Permit No. AWS 820478 N & C. Hog Farm Facility No. 82 - 478 Sampson County Dear Ms. Faircloth: You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On April 4, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the N 8t C swine facility located in Sampson County.. The inspection revealed that the freeboard level of the lagoon was approximately 15 inches and I9 mches, vrbich was determined to be less than the minimum required in the General Permit for this facility. Please be advised that your General Permit condition Ill.b.e states that "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: (e) Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V(3) of this General Permit.". Based on the liquid level observed and by failing to report the level as required in your Permit, it has been determined that you are in violation of your General Permit. The Division of Water Quality requests that the following items be addressed. - if not already accomplished, lower the lagoon level to the required freeboard as specified in your Certified Animal Waste Management Plan (CAWMP) and/or your Permit in a manner that is consistent with your CAWMP and your Permit. 2. Please provide specific actions proposed to prevent future freeboard violations at this facility, which are not in compliance with the CAWMP or the General Permit. 225 GREEN STREET, SVITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910.486-1541 FAX 910-496-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Page 2 Ms. Faircloth April 17, 2000 Perform a more detailed and thorough inspection of the spray field conditions to determine if the field is suitable prior to waste application. Failure to comply with the above conditions may result in the facility's General Permit being revoked and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information the Division of Water Quality is considering forwarding recce m =Klation to the Director for consideration of enforcement for these violations. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you, have an explanation for these violations that you wish to present to this office please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcenwa. This response should be received by this office on or before May 3, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1671 Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this natter, please do not hesitate to contact either Mr. Robert F_ Heath, Environmental Specialist or myself at (910) 486-1541. re v Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Steve Lewis - Compliance Group Garth Boyd - Murphy Family Farms, Inc. �North Carolina Department of Environrnent and Natural Resources t Division of Water Quality Fayetteville Regional Office NCDENR Michael F. Easley, Governor William G. Ross, Jr., Secretary Derr T. Stevens, Director DIVISION OF WATER QUALITY Jul- 9, 2001 CERTIFIED MAIL RETLMN RECEIPT, REQUESTED Ms. Marilyn P. Faircloth P.O. Box'208 Aulryville. NC 28318 Subject: Notice of Deficiency N. & C Hogs, Inc. Facility, No. 82 - 478 Permit No. AWS820478 Sampson County Dear Ms. Faircloth You are hereby notified that. having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be deficient in your 2H .0217 Permit. On June 19, 2001, you, or your representative for your farm; notified the Fayetteville Regional Office of the Division of Water Quality that the freeboard level of the lagoon was less than the minimum (approximately 18 inches) required in the General Permit for this facility. The General Permit condition 111.6.e. states: "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible: but in no case more than 24 hours follo'.ving first knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V(3) of this General Permit." The Division of Water Quality will take no further action for this reported incident at this time. The . Division of Water Quality requests that you advise the Fayetteville Regional Office when the fay is back in compliance with its General Pemut for freeboard required at your facility. _ Failure to comply with the above condition may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. 225 GREEN STREET — SUITE 714 i SYSTEL BUILDING / FAYETTENVE LE, NC 2s3W -f043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW. LN7 ' N '. i 1 1S1RL' AN EQUAL OPPORTUNITY / AFFMIATIVE ACTION EMPLOYER — 5001a RECYCLEDJIO% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1.877-623-6748 rT AT Ms. Marilyn Faircloth Page 2 July 9, 2001 If you have any questions concerning this :natter, please do not hesitate to contact me at (910) 486- I 541. Sincerelv. _ 14 Robert F. Heath Environmental Specialist cc: Sonya Avant -Compliance Group Wilson Spencer -Sampson Co. NRCS Trent Allen-DSWC Fayetteville Office John Bizic-Murphy Farms Central Files -Raleigh VJAMES;B:' HUN_ T, JR.y;; ~.G01fERN0R i s,- ` m 1 F401.,I- HOLMAN ✓.SECRETARY y iP * �J NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE October 5, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Marilyn Faircloth N & C Hogs, Inc. PO Box 208 Autryville, NC 28318 "' • 13 �+ SUBJECT: NOTICE OF PEFICIENCY ' N & C Hogs, Inc. 5-7 F h Facility No. 82-478 Permit No. AWS820478 Sampson County Dear Ms. Faircloth: � You are hereby notified that, having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217 you have been found to be deficient in your 2H .0217 Permit. ,j ' On August 31, 2000, you or staff from your farm, notified the Fayetteville s qq Regional Office of the Division of Water Quality that the freeboard level of lagoon #1 and lagoon #2 were less than the minimum (approximately 17 inches each lagoon) required in the General Permit for this facility. Failure to maintain storage capacity in a 5wt4 T= is r lagoon/storage pond greater than or equal to that required is a violation of your General Permit. Failure to comply with this condition may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. The Division Water take further for this of Quality will no action reported W incident at this time. The Division of Water requests that you advise the Fayetteville zl Regional Office when the farm is back in compliance with its General Permit for freeboard required at your facility. am am 225 GREEN STREET, SUITE 714 1 SYSTEL EILD. FAYETTEYILLE, !NORTH CAROLINA 28301-5043 PHONE 910.486-1541 FAX 910-466-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 509E RECYCLED/10% POST -CONSUMER PAPER Mr. Marilyn Faircloth Page 2 October 5, 2000 If you have any questions concerning this matter, please do not hesitate to contact me at 9190- 486-1541. Sincerely, Robert F. Heath Environmental Specialist F.M. It. cc: Sonya Avant Wilson Spencer -Sampson Co. NRCS Glen Clifton - Prestage Farms Trent Allen - DSWC, Fayetteville Office Central Files X lk wArfi9�G Michael F. Easley, Governor O�O!r William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P-E. Director fl -r Division of Water Quality August 22, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Seacoast Group, LLC 6427 Hawksbill Drive Wilmington, NC 28409 Subject: Inadequate Freeboard No Further Action Sampson Sow Farm 82-478 Sampson County Dear Sir or Madam: Thank you for your recent submittal of the information requested in our letter dated April 16, 2003. The Fayetteville Regional Office has determined that no further enforcement actions will be taken by the Division for the inadequate freeboard. However, upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that an NOV is appropriate due to poor operation and management. 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. *A NCDE + Customer Service., Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St. Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity / Affirmative Action Employer 50% recycled 1 10% post -consumer paper http:11h2o.enr.state.nc.us jV j Inadequate Freeboard Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at 910-486-1541. Sincerely Paul E. Rawls Water Quality Regional Supervisor cc: FRO File: 82478 Non -Discharge Compliance and Enforcement Unit DWQ Central Files '.�_ _ Any •`�,]t .. .•�'i: 1 + Lam+ T•ti22'y�� k y.. f Tl- sa = * NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAY=TTEVILLE REGIONAL_ OFFICE October 5, 2000 CERTIFIED MAIL RIETIM RECEIPT_RE jU SD Ms. Marilyn Faircloth N & C Hogs, Inc. PO Box 208 Autryville, NC 28318 SUBJECT: NOTICE OF DEFICIJENCY N & C Hogs, Inc. Facility No. 82-478 Permit No. AWS820478 Sampson County Dear Ms. Faircloth: You are hereby notified that, having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be deficient in your 2H .0217 Permit. On August 31, 2000, you or staff from your farm, notified the Fayetteville Regional Office of the Division of Water Quality that the freeboard level of lagoon #1 and lagoon #2 were less than the minimum (approximately 17 inches each lagoon) required in the General Permit for this facility. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required is a violation of your General Permit. Failure to comply with this condition may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. The Division of Water Quality will take no further action for this reported incident at this time. The Division of Water requests that you advise the Fayetteville Regional Office when the farm is back in compliance with its General Permit for f w , freeboard required at your facility. 225 GREEN STREET, SUITE 714 / SYSTEL OLD. FAYETTEVILLE, NORTH CAROLINA 2B3o1-5043 PHONE 910-486-1541 FAX 910-4aS-0707 AN EQUAL OPPONTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE 0/10% POST -CONSUMER PAPER Mr. Marilyn Faircloth Page 2 October 5, 2000 If you have any questions concerning this matter, please do not hesitate to contact me at 9190- 486-1541. Sincerely, Robert F. Heath Environmental Specialist RFH/bs cc: Sonya Avant Wilson Spencer -Sampson Co. NRCS Murphy Family Farms Trent Allen - DSWC, Fayetteville Office Central Files RELEIVtu DEQIDWR Water Resources Environmental Quality APR 13 2017 WQROS FAYETTEVILLE REGIONAL OFFICE Seacoast Group, LLC Sampson Sow Farm 5205 Masonboro Harbour Drive Wilmington, NC 28409 Dear Seacoast Group, LLC: April 11, 2017 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director SUBJECT: Remission Request Farm # 82-0478 Sampson County File No, PC-2016-0054 Permit No. AWS820478 This letter is to acknowledge receipt of your request, on April 11, 2017, for remission of the civil penalty levied against the subject facility. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. If you have any questions, please call me at (919) 807-6340. Sincerely Miressa D. Garoma Animal Feeding Operations Program Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Fayetteville WQROS Regional Supervisor File # PC-2016-0054 WQROS Central Files (AWS820478) - �i tlt I1I11 CC1f' pare&' � State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 RECEIVED DEQIDWR Water Resources Environmental Quality JUN 0 7 2017 WQROS FAYETTEVILLE REGIONAL OFFICE Seacoast Group, LLC Sampson Sow Farm 5205 Masonboro Harbour Drive Wilmington, NC 28409 Dear Seacoast Group, LLC: June 5, 2017 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director RE: Acknowledgment of Receipt of Payment Case No.: PC-2016-0054 Farm No.: 82-0478 Sampson County This letter is to acknowledge receipt of your check No. 0000975216 in the amount of $3489.58 on June 5, 2017. This payment satisfies in full the civil assessment in the amount of $3489.58 levied against Seacoast Group, LLC and the case has been closed. If you have any questions, please call me at (919) 807-6340. cc: WQROS- Fayetteville Regional Office File # PC-2016-0054 WQROS Central Files (AWS820478) Sincerely, Miressa D. Garoma Animal Feeding Operations Program Water Quality Regional Operations Section Division of Water Resources, NCDEQ Compares ---- State of North Carolina 4 EavirontnenW Quality I Division of Water Resoirces Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 50 Murphy. -Brown... Warsaw, C 28 Warsaw, NC 396 Kenansville Division April 30,2003 Mr. Paul Rawls Director of Fayetteville Regional Office DENR Systel Building 225 Green St., Suite 714 Fayetteville, NC 28301 — 5094 RE: NOV - Inadequate Freeboard & Request for Information Farm Sampson Sow Facility 82 — 478 Sampson County Dear Mr. Rawls; DE r1--5. 6 y 8 The Murphy Brown LLC, Kenansville Division is responding to the NOV for the high freeboard reported to your office on 3120/03. Information requested: 1.) Current Freeboard - A — 23 & B. - 23 inches on 4/28/03 report 2.) 12 month freeboard levels — see attachment 3.) 12 months irrigation records — see attachment 4.) 12 months rainfall records — see attachment 5.) CAW MP — see attachment 6.) Summary of actions taken to bring the freeboard back to compliance levels: a.) No restocking occurred when the lagoon freeboard level dropped to less than 19 inches. b.) Used the nutrient management program as it was designed to contain waste water in the lagoon until the LNM could safely apply to sprayfields as outlined in the CAWMP. The system protected waters of the state, the environment, and allowed us to utilize the nutrients in a cropping program at an appropriate time. c.) When lagoon levels reached 21 inches, the lagoons were monitored daily by production and LNM (production monitors daily and LNM weekly under normal operations per the EMS program). 7.) Description of water conservation measures in use> - The farm had water nipples for the sows when the farm was purchased on 1 /16/2003. The watering system was inspected, upgraded for improved conservation and wasteful leaks repaired. BM P's for water conservation were used. 8.) Lagoon level still in violation of the permit. — No, reported in compliance on 4/23/03. 9.) Detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. — The facility and system worked as it was designed to protect the environment. BMP's will be used to manage the system. The Murphy Brown LLC Environmental Management Systems goal of continual improvement will drive the goal for compliance. The internal audit system will identify areas for improvement as we move forward. This farm was purchased on 1/16103 and is being managed by Rose Hill Production and Kenansville LNM. At the present time we have been waiting for a road bore permit to add additional spray field (the land is already leased). Areas around the facility were graded to 1 • Page 2 May 5, 2003 prevent surface water from draining into the buildings and impacting the lagoon freeboard. The farm will operate under water goals for production type and be monitored the same as any other farm in the EMS System. The Murphy Brown LLC, Kenansville Division has submitted the information requested with this letter. I respectfully request to be involved with the review process of this NOV and answer any questions that you may have.. The frequency of rainfall during the winter impacted the ability to land apply nutrients in an environmentally safe manner as much as the actual rainfall amount itself. The waste management system function as designed thru an extended abnormal weather pattern. The system was effectively managed and served to protect the environment. We have worked with the Division of Water Quality in our mutual goal of protecting our environment. I request that the NOV be rescinded after a review of the submitted information. Please call me when you are ready to review the information or if you require additional information. Thank You. Sincerely, A/i� David Nordin Land and Nutrient Management Murphy Brown LLC Kenansville Division 910 — 296 - 3731 W�V j D April lb, 2003 CERTIFIED MAIL. RETURN RECEIPT REQUESTED Seacoast Group, LLC 6427 Hawksbill Drive Wilmington, NC 28409 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Sampson Sow Farm #82-478 Sampson County Dear Sir or Madam: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality �rri "N ' D On March 20, 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 October 5, 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 criminal 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 Fayetteville 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 ARD N2R 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 #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled/ f 0% pos -consumer paper ht1pJ1h2o. enr. sla te. nc. 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 summary of actions taken 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 Fayetteville Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 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 Fayetteville Regional Office Staff at (910) 4$6-1541. Sincerely, /Zan W. Klimek, P.E. tor cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement Unit Central Files