HomeMy WebLinkAbout820586_ENFORCEMENT_20171231NUH I H LARULINA
Department of Environmental Quaff
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
GovemOr
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Faison, F
Sonny Gold / Sonny Swine
PO Box 9
Newton Grove, NC 28366
Dear Permittee,
Coleen H. Sullins
Director
September 22, 2010
RECEA "an
Secretary
SEP 2 3 1010
DENR-FAYETTE LLE REGIONAL OFRCE
Subject: Notice of Violation
Sonny Gold/ Sonny Swine
Permit Number AWS820586
Sampson County
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstanding Fee $
2009PR005127
-4-
5/21/2009
6/20/2009
360.00
Please he reminded that the table above covers the period between Years 2006 and 2009. Please
also include payments for invoices that you received in 2010 and any other year for which the annual
fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. 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. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Quality — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: (919) 807-6321
1636 Mail Service Center, Raleigh, Worth Carofina 27699-1636
Location: 2728 Capital Blvd., Raleigh, Worth Carolina 27604
Phone: 919-733-32211 FAX: 919-715-05881 Customer SePAW:1-877-6236748
Internet www.ncwaterqual'dyr.or9
An Equal Oppodur Sty i Affumme Action Employer
ne
NorthCarolina
Naturally ��
If you have any questions concerning this Notice, please contact J. R. Joshi at (919) 715-6698 or
at jaya.joshi@ncdenr.gov.
cc: Fayetteville Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS820586)
Sincerely,
�G
Keith Larick, Supervisor
Animal Feeding Operation Unit
ACV'
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
✓%/_T/r;
Natural Resources
AQUIFER PROTECTION SECTION
October 14, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
F J Faison Jr.
PO BOX 9
Newton Grove, NC 28366
Subject: NOTICE OF DEFICIENCY
Sunny Gold / Sunny Swine Facility 482-586
A WS820586
Sampson County
NOD -2010 -PC -1093/ Incident no.201000591
Dear Mr. Faison:
Dee Freeman
On February 8, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) were notified by Chris Holland of a high freeboard level in the lagoon Sunny Gold. We wish to
thank Mr. Holland for notifying DWQ of this incident.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG 100000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWG 100000.
On February 8, 2010 a lagoon/storage pond level was documented at 18.0 inches in lagoon 1. A level
of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management
Plan.
North Carolina Division of Water Quality Intemet: www.ncwaterquality.org
225 Green St., Ste. 714 Phone: 910-433-3300
Fayetteville, NC 28301 FAX 910-486-0707
An Equal Opportunity/Affirmative Action Employer — 50% Recyded110% Post Consumer Paper
Nne
orthCarolina
naturally
Mr. Faison
October 14, 2010
Page 2
Requires! Corrective Action for Deficiency 1:
DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence.
Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your
permit.
You are required to take any necessary action to correct the above deficiency and to provide a
written (fax /email) response to this Notice within 30 days of receipt of this letter. Please include in
your response all corrective actions already taken and when the lagoon was back in compliance.
If you have any questions concerning this notice, please contact me at (910)-433-3300.
Fax 910-486-0707, email steve.guyton@ncdenr.gov.
Sincerely,
'50- ��- --
Steve Guyton
Environmenmal Specialist
Fayetteville Regional Office
cc: Keith Larick CAFO Unit
Sampson County Soil and Water Conservation District
NCDS WC -FRO
FRO Compliance Animal Files
Murphy Brown Farms
FAISON INVESTMENTS LLC
A O. BOX 1015
Clinton, NC 25329
November 8, 2010
Mr. Steve Guyton
Environmental Specialist
Aquifer Protection Service
225 Green Street Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Guyton,
RECEIVED
NOV 10 2010
DENR 4AWTULLE REGIONAL OFRCE
In response to your NOTICE OF DEFICIENCY for my farm Sonny Gold/Sonny Swine
(82-586) dated October 14, 2010, I submit the following:
Violation I: Condition V.2 Freeboard:
On my farm during the month of November, 2009 I received 5.4" of rain in 8 events. In
December, 2009 I received 4.7" of rain in 8 events. In January, 2010 1 received 5.7" of
rain and sleet in 7 events and lastly, I received 2.5" of rain in early February before it was
necessary to call in a high freeboard level on February 8, 2010. These chronic rainfall
events coupled with cold weather and wet soil conditions made proper waste application
next to impossible. If I had land applied waste, I was extremely concerned about the
potential for effluent run-off and possible environmental degradation. After my farm was
pumped down out of the "red" I contacted staff of the FRO by phone so as to inform him
of my permit compliance.
1 tape the land application of waste seriously and had rather retain excess waste and
rainfall in my lagoon than to pump it out and cause a violation. We are constantly
evaluating our land application practices so as to minimize problems and maximize
efficiency while weather conditions are favorable. It is my desire that this situation not
occur again with my farm and it is my regret that this issue has occurred.
If you have any questions, please do not hesitate to contact ane at 910-260-0220.
K*A�lr
RCDEH
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Faison, F
Sonny Gold / Sonny Swine
PO Box 105
Clinton, NC 28328
Dear Permittee,
Division of Water Quality
Coleen H. Sullins --t` =s'�
Director
June 28, 2010 t: VE
.-w _.
Subject: Notice of Violation
Sonne Gold /Sonny Swine
Permit Number AWS820586
Sampson County
Dee �_,reemarl
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T ,0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstandin' Fee (S)
2009PR005127
5/21/2009
6/20/2009
360-00
Please be reminded that the table above covers the period between Years 2006 and 2009. Please
also include payments for invoices that you received in 2010 and any other year for which the anuual
fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. 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 (525,000) 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. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit tate payment, trade payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Qualih' — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
1636 Mail Service Center.. Paleiah, North Carolina 27695-1636
Location: 2728 Capaal Sim Raleigh. North Carolina 27604 OEIe
Phony: 919-733-3221 'k FAX! 919-715-05881 Custome Service: 1-877-623-6748
Noah Cdrol.ina
Internet: wvrw.nGwarerotlafsty.orc �'}/��
An Eaual Opwrunnv 4 Alhrmalive kcitor Employe/atura-
If you have any questions concerning this Notice; please contact J. R. 3oshi at (919) 715-6698 or
at jaya.joshi@ncdenr.gov.
Sincerely)
-
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc: Fayetteville Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS820586)
I Carolina
apartment of Environment and Natural Resources
Division of Water Quality
Fayetteville Regional Office
ylichael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
DIVISION OF WATER QUALITY
July 9, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. F. J. Faison
P:O, Bos 856
Warsaw, NC 28398
Subject: Notice of Deficiency
Sonne Swine
Facility No. 82 - 586
PerntitNo. AWS820586
Sampson County
Dear Mr. Faison:
NCDENR
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 April 3, 2001, you, or your representative for your farm, notified the Fayetteville Regional Office of
the Division of Water Qualitv that the freeboard level of the lagoon was less than the Minimum
(approximateh-- 18 inches) required in the General Permit for this facility. The General Permit condition
I11 -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% ing first knowledge of the occurrcncc 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 farm is back
in compliance with its General Permit 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 s'IREET — SUITE 714 / SYSTEL BUILDING/ FAYETTEVILLE, NC 28301.5043
PHONE (910) 486-1541 FAX (910) 486-0707 WWW.FNR-STATF-N,(,L1151EN
AN EQUAL OPPORTUNITY I AFF1W1,iATIVE ACTION EMPLOYER— 50% RECYCLED110% POSTCONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623-6748
V
Mr. F. J. Faison
Page 2
Julv 9, 2001
If you have any questions concerning this matter.please do not hesitate to contact me at (910) 486-154 1.
Sincereh _
Robert F. Heath
Environmental Specialist
cc: Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Don Butler -Carroll's Foods._ Inc.
Central Files -Raleigh
KERR T. STEVENS
D[RECTOR .
a`yy
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
January 14, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
I".J• Faison
P.O, Box 856
Warsaw, NC 28498
SUBJECT: NOTICE OF DEFICIENCY
Sonny Gold 1 Sonny Swine
Facility No. 82- 586
Sampson County
Dear Mr, Faison:
On October 13, 1999, staff from the Fayetteville Regional Office of the Division of
Water Quality conducted a routine inspection of your swine facility located in Sampson
County, Erosion was observed on portions of the back slopes of the lagoon dikes, and the
lagoon dikes were not being maintained to the toe of the slope. Trees were observed on
the back slopes of the lagoon dikes and need to be removed as required by General Permit
condition 11-10 which states that `Trees, shrubs, and other woody vegetation shall not be
allowed to grow on the lagoon/waste storage pond embankments. All trees shall be
removed in accordance with good engineering practices.". Some minor erosion was also
noted in portions of the spray fields.
The Certificate of Coverage (COC) and General Permit were not on the farm site for
review, General Permit condition 1.4 states that "A copy of this General Permit, COC,
certification forms, lessee and landowner agreements, and the CAWMP shall be readily
available at the farm (stored in places such as the farm residence, office, outbuildings, etc.)
where the animal waste management activities are being conducted for the life of this
permit.". It was also noted that the freeboard levels had not been recorded since July.
General Permit condition 111.2 states that "Waste lagoon and storage pond levels shall be
recorded weekly on forms supplied or approved by the DWQ.". As noted last year, one field
(Field #3, Tract #7656) was used for waste application that is not a designated field to
receive waste according to the Certified Animal Waste Management Plan (CAWMP).
}u`AMG R}FAg•:
Q 1 �
225 GREEK STRECT, SUITE 714 / 5YSTEL BLP. FAYETTEVILLC, NORTH CAROLINA 28301.5043
PHONE 910-486-1544 FAX BIO -486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
I- 7i--L�Tw-
}
NCDENR
�r
;•
JAMES 8, HUNT JR.
GovERNOR '
I,
8FLL HOLMAN
SECRETARY
KERR T. STEVENS
D[RECTOR .
a`yy
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
January 14, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
I".J• Faison
P.O, Box 856
Warsaw, NC 28498
SUBJECT: NOTICE OF DEFICIENCY
Sonny Gold 1 Sonny Swine
Facility No. 82- 586
Sampson County
Dear Mr, Faison:
On October 13, 1999, staff from the Fayetteville Regional Office of the Division of
Water Quality conducted a routine inspection of your swine facility located in Sampson
County, Erosion was observed on portions of the back slopes of the lagoon dikes, and the
lagoon dikes were not being maintained to the toe of the slope. Trees were observed on
the back slopes of the lagoon dikes and need to be removed as required by General Permit
condition 11-10 which states that `Trees, shrubs, and other woody vegetation shall not be
allowed to grow on the lagoon/waste storage pond embankments. All trees shall be
removed in accordance with good engineering practices.". Some minor erosion was also
noted in portions of the spray fields.
The Certificate of Coverage (COC) and General Permit were not on the farm site for
review, General Permit condition 1.4 states that "A copy of this General Permit, COC,
certification forms, lessee and landowner agreements, and the CAWMP shall be readily
available at the farm (stored in places such as the farm residence, office, outbuildings, etc.)
where the animal waste management activities are being conducted for the life of this
permit.". It was also noted that the freeboard levels had not been recorded since July.
General Permit condition 111.2 states that "Waste lagoon and storage pond levels shall be
recorded weekly on forms supplied or approved by the DWQ.". As noted last year, one field
(Field #3, Tract #7656) was used for waste application that is not a designated field to
receive waste according to the Certified Animal Waste Management Plan (CAWMP).
}u`AMG R}FAg•:
Q 1 �
225 GREEK STRECT, SUITE 714 / 5YSTEL BLP. FAYETTEVILLC, NORTH CAROLINA 28301.5043
PHONE 910-486-1544 FAX BIO -486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
Page 2
Sonny Goid/Sonny Swine
January 14, 2000
The Division of Water Quality requests that the following items be performed.
1. Establish a grass cover on the side slopes of the lagoon to prevent erosion. Contact the local NRCS district
for assistance in removing the trees from the back slopes of the lagoons. Maintain both the inside and back
slopes of the lagoon dikes so that they can be inspected routinely for evidence of erosion, seepage, and
damage by animals.
2. Maintain a copy of the COC and the General Permit on the farm site.
3. Immediately begin recording weekly freeboard levels in order to be in compliance with the General Permit.
4. Contact a technical specialist in order to revise the CAWMP to include Field #3 if this field is going to be
used for waste application in the future.
Please notify this office in writing on or before February 4, 2000 at the letterhead above as to the actions
taken or proposed to be taken to resolve these deficiencies. Nothing in this letter should be taken as absolving
this facility of the responsibility and liability of any violations that have or may result from these deficiencies.
If you have any questions concerning this matter, please do not hesitate to contact myself at (910) 486-1541.
Sincerely,
A77,��
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Howard Hobson - Carroll's Foods, Inc.
Stage of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
F.J. Faison
PO Box 856
Warsaw NC 28398
Dear FJ_ Faison:
WA
17
40•
Av
NCDENR
NORTH CAROLINA DEPARTMENT OF
EN%AROKMENT AND NATURAL RESOURCES
July 26, '1999 rENR-FRO
AW Z 1999
DWO
Subject: Notice of Violation and Revocation for Nonpayment
Sonny Gold / Sonny Swine
Permit Number: AWS820586
Sampson County
In accordance with North Carolina General SIatute 143-215.}OG, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 516198.
Your annual permit fee for the period of 516199 - 5/5/2000 is $300.00. Your payment was due 718199. Because
this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant
to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
P.O. Box 29535
Raleigh, North Carolina 27626-0535
If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210.
Sincerely,
6
Kerr T. Stevens
cc: Non -Discharge Branch Compliance/Enforcement Unit
Regional Office
t<S.soniC,6 i -HHealth Dep nt 4
Permit File
P.O. Box 29535, Raleigh, North Carolina 27526-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper
r"✓,U
lAYME MCDCVITT
• , s 4 4' Iq
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
November 18, 1998
CER TIFIED MAIL
RETURN RECEIPT REQUESTED
F.J. Faison
Post Office Box 856
Warsaw, N.C. 29498
SUBJECT: Request for Rescission of Notice of Violation
Sonny Gold / Sonny Swine
Facility No.: 82-586
Sampson County
Dear Mr. Faison:
This office has received your request (dated September 8, 1998) to rescind
the Notice of Violation (NOV) dated August 18, 1998. Your request has been
reviewed and we offer the following comments:
1. The original NOV indicated that erosion -Aw noted on the inside slope
of the lagoon at the Sonny Gold farm. Your response did not outline if the
noted erosion has been addressed. We feel that unchecked erosion either
on the inside or outside slopes of a lagoon is significant enough to be
brought out in an inspection and should be addressed. If you have not
already addressed the noted erosion by the date of this letter you should
immediately tape action to do so.
2. The inside and outside slopes of the lagoons were in need of mowing.
Your response did indicate that mowing had been accomplished but it was
noted as a deficiency at the time of the inspection. Mowing is viewed as
necessary to allow ease in visually determining if erosion has occurred or if
seepage is present at the toe of the lagoon structure.
3. Required lagoon levels were not being recorded as called for in the
permit issued May 6, 1998. Failure to record lagoon levels weekly is
viewed as noncompliance with permit conditions. It was noted in your
response that a form is now used to record weekly lagoon levels.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301 -SoL43
PHONE SIO -486-1541 FAX 910-486-0707
AN EQUAL OPPORTUMITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
Mr. Faison
November 18, 1998
Page 2 of 2
4. Several items were noted in the discussion of waste application and
management. In your response you acknowledged that changes in the
CAWMP were in order to prevent future problems with the utilization
scheme. The inspection revealed that plant available nitrogen (PAN) was
exceeded (based on the plan) by 30 to 85 pounds. While no water quality
violation was documented due to the over application the excess
application was noted as a violation of your certified waste management
plan (CAWMP). Please be advised that waste application not specifically
called for in your CAWMP should not be made prior to the appropriate
modification of the CAWMP. To insure compliance please contact your
technical specialist.
Based on the above and after the aforementioned review of the
information provided we have determined that the NOV was appropriate for
conditions and deficiencies noted at the time of the inspection. if you have
questions concerning this matter please do not hesitate to contact Mr. Jeffery
Brown, Environmental Engineer or myself at (910) 486-1541.
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant- DWQ Compliance Group
Wilson Spencer- Sampson Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files- Raleigh
September 3, 1998
Mr. Art Barnhardt
NCDENR
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
VIECE1VED
FAYE'rTEVILLE
REG. C TICE
SUBJECT: Response for Facility No. 82-586
Dear Mr. Barnhardt:
This is in response to your letter dated August 18, 1998. Listed
below is the action to be taken for each item:
1. The area in question will be prepared for planting. Common
bermuda (hulled) will be seeded at a rate of 10 pounds per acre.
2. Mowing of the inside and backside slopes has been done.
3. A revised form has been prepared and will be used for
properly recording weekly lagoon records. (see attached)
4. The CAWMP has been reviewed. Field #3 of tract #7656 was
referred to in the narrative comment section of a revised Waste
Utilization Plan (WUP) dated April 14, 1998 (see copy attached)_
The comments indicated that this field was equipped for waste
application and could be included in the WUP once a croppping
decision was made for this field. The cropping program for this
field was to be determined by a lessee. The lessee requested a
pre -plant application of animal waste ahead of a sweet potato
crop. As an accomodation to the lessee this was done. The
Technical Specialist who prepared the plan was not informed of
this one-time application event. it would have been a simple
matter to include this event in the Plan had sufficient notice
been given. There is no question that a mistake was made by not
notifying the Technical specialist and having him ammend the plan
to include pre -plant application ahead of sweet potatos.
The salient point here is the fact that no water quality problem
was created by this situation. We respectfully request that the
Notice of Violation be changed to Notice of Deficiency due to the
fact that water quality was not impacted.
i!�, 1
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LAGOOtN FREEBOARD kND _ VAJLABLE STORAGE CAPACITY LOG
Permit Number: Farm Name: _ Soni Ny_ 60 LD 15aNN y SW 1N -F— - -
L4
O net; F. S. F-J+.l..50,-j 1 .TR _ dumber of Ia;oans at facility: 3
Operator in Responsible Charge: Certificate Number:
If there is more than one lagoon at this facility, please describe in wards or by drawing, which lagoon is identified as
number 1, lagoon number 2, etc. and note (asterik *) which lagoons, if any, have designed spillways.
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Record freeboard RIUS available storage capacity in feet. NCH es)
Dare ILaaoon ._ Lagoon 1 Z Lamon * 3 1 Initials Dam_ ILa2oonY I ILagoion# 2 ILaeoon 0, 3 I Inidals
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1. Freeboard plus available storage capacim, is the differ.—ice ber%v"n he lowest point of a lagoon embankment and
the level of liquid.
For lagoons with spillways, the difference benveea the leve: of liquid and the bonorn of he ipillwav sh ould be
re_orded.
I Free;,oard pills availabie atorac-z must be recorded �e4l:ly.
,a
WASTE UTILIZATION PLAN
Owners name--:F-.E. FAISON, SONNY SWINE & SCounty:SAMPSON
Mail Address-:CLINTON
Type of production unit----:FEED-FIN
Number of animal units-----: 13280
Type of waste facility -----:Anaerobic Lagoon
Temporary storage period---: 180 days
Method of application ------:IRRIGATION
Amount of animal waste produced-----------------: 25232 tons/year
Amount of plant available N produced by animals-: 30544 lbs./year
Commercial N to apply on planned acreage--------: 0 lbs./year
Your animal waste utilization plan has been specifically
developed for your swine operation. The plan is based on the
soil types, crops to be grown, and method of application for
your particular operation. The waste must be land applied at a
specified rate to prevent pollution of surface and/or ground
water. The plant nutrients in the animal waste should be used to
reduce the amount of commercial fertilizer required for the crops
where the waste is to be applied. This waste utilization plan
uses nitrogen as the limiting nutrient. Waste should be
analyzed before each application cycle and annual soil tests
are encouraged so that all plant nutrients can be balanced for
realistic yields of the crop to be grown.
Several factors are important in implementing your waste
utilization plan in order to maximize the fertilizer value of
the waste and to ensure that it is applied in an
environmentally safe manner. Always apply waste based on the
needs of the crop to be grown and the nutrient content of the
waste. Do not apply more nitrogen than the crop can utilize.
Soil types are important as they have different infiltration
rates and leaching potential. waste shall not be applied to
land eroding at greater than 5 tons per acre per year. Do not
apply waste on saturated soils or on land when the surface is
frozen. Either of these conditions may result in runoff to
surface waters. Wind conditions should also be considered to
avoid drift and downwind odor problems. To maximize the value
of nutrients for crop production and to reduce the potential
for pollution, the waste should be applied to a growing crop or
not more than 30 days prior to planting. Soil incorporation
of waste will conserve nutrients and reduce odor problems.
Page 2
The acres needed to apply the animal waste is based on typical
nutrient content for this type of facility. Annual acreage
requirements may be more or less based on the waste analysis
report for your waste management facility.
YOUR WASTE UTILIZATION PLAN IS BASED ON THE FOLLOWING:
Tract Field Soil Crop Yield Lbs. N Acres Lbs. N Month to
No. No. Type Code /Acre /Unit Used Apply
7656 2 ORB K N/A 50.00 15.0 750 S -APRIL
7656 2 ORB B 5.4 50.00 15.0 4050 MAR -OCT
7656 1 WAB K N/A 50.00 20.0 1000 S -APRIL
764&5F 1 WAB B 4.7 50.00 20.0 4700 MAR -OCT
7656 1 MAC K N/A 50.00 13.0 650 S -APRIL
764.& 51- 1 MAC B 5.1 50.00 13.0 3315 MAR -OCT
7665 1 ORA K N/A 50.00 18.7 935 S -APRIL
7665 1 ORA F 900 0.12 18.7 2019.6 APRIL -AUG
7649 4 MAC K N/A 50.00 15.0 750 S -APRIL
7649 4 MAC B 4.7 50.00 15.0 3525 MAR -OCT
7649 4 AU K N/A 50.00 15.0 750 S -APRIL
7649 4 AU B 4.7 50.00 15.0 3525 MAR -OCT
7649 2 AU K N/A 50.00 6.4 320 S -APRIL
7649 2 AU B 4.7 50.00 6.4 1504 MAR -OCT
7649 1 AU K N/A 50.00 4.0 200 S -APRIL
7649 1 AU B 4.7 50.00 4.0 940 MAR -OCT
7649 1 NOB K N/A 50.00 5.9 295 S -APRIL
7649 1 NOB B 5.2 50.00 5.9 1534 MAR -OCT
Total 226.0 30763
Available Nitrogen (includes commercial) 30544
surplus Or Deficit -219
Crop codes: Crop -unit
A=Barley-bu. I=Oats-bu.
B=Bermudagrass (graze) -tons J=Rye-bu.
C=Bermudagrass(hay)-tons K=Small grain(graze)-acre
D=Corn(grain)-bu. L --Small grain(hay)-acre
E=Corn(silage)-tons M=Sorghum(grain)-cwt.
F=Cotton-lbs. lint W=Wheat-bu.
G=Fescue(graze)-tons Y=Fescue(pasture)-tons
H=Fescue(hay)-tons Z=Bermudagrass(pasture)-tons
it more commercial fertilizer is used than shown in this plan,
then additional acres of land may be needed. A three to fifteen
,feet wide permanent grass filter strip should be seeded along all
ditches in fields that receive animal waste.
Additional corments:
--------------------
,�M— '1ACC.purcr- "MACr 7rcrc t 'i -
T -T C..5 4* --I:S EqujPPIZO FaZ TaAQQL J3',?,IfATIpr4 Tte(_o TM ZE J_C- sSEt�
A nl -,3 W U P --= xsTD BE USED Fce `/., AS.—i e' , o AOL k�_A-- N.
Prepared by: 4�UA � L -- le:Tr�r_w 3tC_ Date: _+JAI
Concurred in by: Date:"/
Pro u c e
I understand that I must own or have access to equipment,
primarily irrigation equipment, to land apply the animal waste
described in this waste utilization plan. This equipment must be
available: at the appropriate pumping time such that no discharge
occurs from the lagoon in a 25 --year I --day storm event. I also
certify that the waste will be applied on the land according to
this plan at the appropriate times and at rates that no runoff
occurs.
Date
%y dr
Producer
Technical Specialist: `�, 1 n�_ Date:Jai B
(Copy to producer and copy to case file)
Dawlig
I Plot of the contour data for the surfaaal
Proposed
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Drawingi 50NNY WUP
Number:
Lovatiow
Bid Data3 413198
Engineer:
Owner:
Estimetort
bbl: using Sitework
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 18, 1998
CERTIFIED MAIl.
RETURN RECEIPT REQUESTED
F.J. Faison
P.O. Box 856
Warsaw, NC 28498
SUBJECT: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
Sonny Gold / Sonny Swine
Facility No. 82 - 586
Sampson County
Dear Mr. Faison.-
You
aison:
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 August 7,1998, staff from the Fayetteville Regional Office of the Division
of Water Quality conducted a routine inspection of the Sonny Gold / Sonny Swine
facility in Sampson County. It was observed that there was some erosion on the
inside slopes of the lagoon at the Sonny Gold farm. It was also noted that the
inside and backside slopes of the lagoons on both farms need to be mowed. This
facility was permitted on May 6, 1998, however the farm was not maintaining
weekly lagoon levels as required by the general permit. It was noted from the
review of the irrigation records that the small grain over seed had been over
applied on by an excess of 30 to 85 pounds of plant available nitrogen (PAN) in
some areas. The Certified Animal Waste Management Plan (CAWMP) was
revised in April of this year. One of the fields that was originally in the CAWMP
was taken out. However, the field was still used for waste application. According
to the CAWMP before it was revised cotton was the crop to be grown in this field,
225 GREEN STREET, SUITE 714. FAVETTEVILLE, NORTH CAROLINA 28301-5043
PHoNE 910-486.1541 FAX 910-406-0707
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE0/10% POSY -CONSUMER PAPER
Page 2
F.J. Faison
August 18, 1998
however sweet potatoes were present at the time of inspection. Therefore, this was a violation of the
original CAWMP before it was revised. Irrigation records showed waste application on this field in
.lune. If this is the case, it appears that waste may have been applied on the sweet potatoes after they
were planted which is also a violation of CAWMP. The updated CAWMP includes an additional field
that does not contain an irrigation system.
The Division of Water Quality requests that the following items be addressed:
1. Establish a suitable grass cover on the inside slopes of the lagoon on the Sonny Gold farm to
prevent further erosion.
2. Mow the inside and backside slopes of the lagoons on both farms to prevent rodents from causing
any type of structural damage and so that each structure can be frequently inspected for seepage.
3. Need to record weekly lagoon levels since this is a requirement of the general permit as required
in section III (2).
4. Comply with the CAWMP when applying waste using the correct PAN rates as listed for each
crop depending on the soil types for the field. Only apply waste on the fields listed in the CAWMP
being certain that the correct crops have been planted in each field according to the CAAW.
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. Furthermore, the Division of
Water Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per
violation.
Please provide a written response to this office on or before September 4, 1998, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do not
hesitate to contact either myself or Mr. Jeffery Brown, Environmental Engineer, at (910) 486-1541.
Sincerely,
Art
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Regional Supervisor