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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 r �+ �� 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. Q '50AWy Ga� LoWE5-" Pr. EMBAQNF-14T STA kr puns P zs rHC�4Qs WD r� -31 T1-lc."E:S L6vca 37 Ltcti Es Sb Q PUMP 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 I I I ! I ! k ! ! ! k k I I I I I I ! I f ! I ! ! I I I ! f I I I ! 1 I I I I I 1 l I I I ! f I f 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 Projectl Drawingi 50NNY WUP Number: Lovatiow Bid Data3 413198 Engineer: Owner: Estimetort bbl: using Sitework Dos�araa� dtFfi►��ila G PAZ E b eaueStb��D w�sc. C}bTrb tk w iso 00"014A%- SKAI; VI UL. D - ('i EU -D -i o ski-\r,tO PLAFl bEF:;o2E uSl1kr- 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