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HomeMy WebLinkAbout820597_CORRESPONDENCE_20171231NUH f H UARULiNA Department of EnAmmmntal Quaff CERTIFIED MAUL RETURN RECEIPT REQUESTED Pagle Corp 10023 Willard Road Willard NC 28478 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Paul Stanley Nurseries #82-597 Sampson County Dear Sir or Madam: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environmerd and Natural. Resources Alan W. Klimek, P.E. Director Division of Water Quality April 16, 2003 ,►32003 r On April 10, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on June 7, 2001. 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 SPA AffitA NCDENR Customer SerWce: Naffing 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 #S2-01-01 Raleigh, NC 27699-1617 An Equal Opportunity / AlFin mlive AcrkN7 Employer 50% recycled/ 10% post -consumer paper http://h2o.enr, state. nC. u5 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) 486-1541. Sincerely, Alan W. Klimek, P.E. Director cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement Unit Central Files High Freeboard Evaluation Form Facility Name: PQ,,.1-�Q,,��� Nurse -rets Facility Number: ,597 Person Completing Form: a 1 t Date Form Completed: 5- 1"- 3 Date Information Due to DWQ: Date information received Extension Due Date: Information Received: Current Freeboard Yes ✓ No Level(s) (in inches) Freeboard Levels for Previous 12 Months Yes VNo .Incomplete Spraying Records for Past 12 Months Yes V/ No Incomplete Rainfall Records For the Past 12 Months Yes /No — N/A Incomplete Cropping and PAN Information Yes ✓No _ Incomplete Summary of Actions Taken to Restore the Needed Freeboard(s) Yes X No ^ Incomplete Description of Water Conservation Measures In Use Yes -,"No — Incomplete An updated POA if the Freeboard is still in Violation Yes — No — NIA Detailed Description of Actions Taken or Proposed to be Yes —No ✓ Taken to Prevent Future Freeboard Violations Incomplete Date High Freeboard Level Was First Reported to DWQ by Producer Date of First Violation from Farm Records V- Ica - o 4-iD-03 Items proposed in the Plan of Actions to Bring the Facility Back into Compliance NO P 0 A Pump and Haul Remove Animals Delay Restocking Add Land to NMP Add Application Equipment Spray when site is acceptable HFEF 5-12-03 Others (Please Specify) Information for Lagoon(s) or Storage Basin(s) (Add Additional Pages as needed) Lagoon Storage Basin (Check as Appropriate) Lagoon or Storage Basin Identifier Design Total Days of Storage for the Facility (From CAWMP) Stop Pump Level for lagoons or the bottom of the storage basin (inches) Lowest Liquid Levels Reported in the month of: Month Date Level (in inches) 1 Z 1 .2 August 8.4 ,?gf _-3G September _5-J7 33 3'q October /o -a$ 21 34 November //- '` •2 `� Required Minimum Freeboard (red zone in inches): Does the Minimum Include a Chronic Rainfall Factor Yes Recorded Freeboard Violations Date Level (in inches) Date POA Submitted HFEF-12-03 2 -70 W S or 30 day r - Information contained in this database is from non agency sources and is considered unconfirmed. DWQ Facility Number Farm Name Caller's Name Caller's Phone # Access to Farm Animal Operation Telephone Log 82 —F97 Raul Stanley Nurseries Paul Stanley 10 Reporting O Complaint Farm Accessible from main road Yes O No Animal Population Confined Depop Feed Available Mortality O Yes Q No o Yes O No o Yes O No 10 Yes O No Sorav Availability Pumping Equipment P Yes 0 No Available Fields 10 Yes O No Date Time Control Number Region Lagoon Questions Breached 10 Yes 0 No Inundated 10 Yes O No Overtopped 10 Yes O No Water on o Yes p No Outside Wall Lagoon3 Dike Conditions O Yes O No i 0-2003 3:00 5l0 FRO Freeboard Level Freeboard Plan Due Date Date Plan Date Freeboard Inches (7 equals blank) Received Level OK Lagoonl k1l212003 jl� a3 Lagoon2 Lagoon3 Lagoon4 Lagoons Lagoon6 , - Left message for Mr. Stanley to get a POA in for this lagoon. ...................................................................................................................................................................................................................................................................................... Ifit�'L}--?'��r�'���t'ink}Y1M"v._Y:,.YihiV:...Ec,.,}•.'�•ac[..5..:-.v:.:n'iti:zu3�ti5'riiY=�':,l^:S+G:2•.•:es-:,.•.'.: �+.:k.-:..•�.,..:�.. � �•.�-::-i.c1G:'V.y,.S.�4:',}•a;#.:�VS:4..Y. i'i: ,2��i�i�:i��v.::.i7-i:M 'Aw6il 6kingGcaitjobn Hasty S�iCI� A I' s7 •.5 r.i,+L.�'�•ii��t�i1_.*�•+,�ry Lr.f L',. -t L, __ •.z� -off y�• �;r,ir+L�� r;s .>;�...+.: S i ��° .4:• w,:1?:'. s. .�• r.r J"F,41 lr r.y.N; 4'?_� y;�3�'.U'.. 11:5� !� tf-- i•. "'-- 'J'i Y''YY) �4�44 ! -k- {. ) i : - 3�E''tr iC �'J}..;',�i :i �` tris �t .:'t`"4 "l•�,..i "rr 1�i"i ". f• �l -i S1' F�"h of"yT•, �F��,a k'•f:! ,,;If/ .�..r' xt!i, .i.L1f : i, 4. i. i,.1L.cy T.ti,tm:,(':Nt,� .�L„•_ �i 1 `+. - •F;irx'_�;.�t:, iF1'+s11�, Olt'�5i�wi�"•� .�.A�,.�. ;C;�,.r „1 5�Sl. ��� ;.-�Fl^r;{� �- :.p 5�•F,' •:1�'`I•�' c�ahf "f } .�, �,i..�v .Y c -Y �+n5t-��'•'r`t•! '��'� �;� f.r.+:.},iii'# ��£, .�--'ii���-^� .°ih-. F-iFSi�. i:N •!` !. '� ,•i r •;i�•E+f•�! :'r-; . f. rSi¢sot;:�'.:&... f.4�: r,ir.rF3 ifli � f.3,iL'f.3iF••....+SSiil Comments2 Facility PAN Balance From the CAWMP (pounds) 3 Did the Facility Comply with its NMP for the Past 12 Months Yes ✓ No If No, What Violations Were Identified: +A- It CS ', IA, From the review of the facilities irrigation records, does it appear that the facility made optimal use of the days when irrigation should have taken place. If not, please explain- LA xplain: uc��. OS cucr�%a6EC- A N ©v � r_c0f If the Facility has Installed Water Conservation Devices, what devices were installed and when: What Actions have been taken or proposed to be taken by the Facility to Prevent Future High Freeboard Violations (check appropriate items): Better Management of the System ✓ Add Additional Storage Volume Add Lagoon Covers Add Additional Land Application Sites Add Additional Irrigation Equipment Install Water Conservation Equipment Reduce the Number of Animal at the Facility Change Type of Operation Others (please explain): HFEF 5-12-03 3 If applicable, recorded rainfall data from August 2002 through April 2003 at Facility # Month Amount of rainfall per month (in incbes) # of days it rained per month August 2002 t{ Out of 31 days September 2002 1 Out of 30 days October 2002 i Out of 31 days November 2002 ,- Out of 30 days December 2002 r Out of 31 days January 2003 i l Out of 31 days February 2003 , g Out of 29 days March 2003 Out of 31 days April 2003 ki Out of 30 days Total Rainfall 1 Out of 274 days Comments from Producer: irbegtt cew-Pe- g-t� t,,1 �•��1�c_r _ t3 a.- _ A- r.-. a �r c Comments by Reviewer: HFEF 5-12-03 o�D� WER A rp� April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Pagle Corp 10023 Willard Road Willard NC 28478 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Paul Stanley Nurseries #82-597 Sampson County Dear Sir or Madam: Michael F. Easley Govemor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality On April 10, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on June 7, 2001. 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 Customer Service: ]Nailing Address: Telephone (919) 733-5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733.0659 Raleigh, North Carolina 27699-1617 State Courier tr52.01.01 An Equal Opportunity/ Affirmative Action Employer 50% recycled 110% past -consumer paper httpJ/h2o, enr. state. nc. us ��A NCDENR Location: 512 N- Salisbury St. Raleigh. NC 27699-1617 j. . Inadequale Freeboard Page 2 3TRainfall 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. _:9�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, Gv Alan W. Klimek, P.E. Director cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement Unit Central Files y CuRent Freeboard Levels 5_8-2003 25 finches Paul Stanley 25 inches Paul Stanley #2 MAY # S X03 r 1- { p 0 5/7 3 3 -79 3� 3'l _3 3y 3� 2 f) 3� -3 `f 3y 3 y -32- 3 =3 32..... 3t 30 3v 3� � `l a : s - zY- r10 6 6 x Ai zoo �•► �z s.s�. j �' Sol 57 vo Z j r+ z, � ..i 2. f�4 Z + -3 to zfou -2- 10 1')( 1T �°' 31 p�Z sb t f4- 0 5/7 3 3 -79 3� 3'l _3 3y 3� 2 f) 3� -3 `f 3y 3 y -32- 3 =3 32..... 3t 30 3v 3� � `l J - 2_da3 f j 1 r0 zoo f 2-00 21 � 2, 0 4 7) � ) Ill. Spraying records for past 12 months A. IRRls B. IRR 2s 1. 2002 Corn 2. 2002 Soybeans 3. 2002-2003 Wheat n Owner Facility NumberAW Tb - ation Operator . , Alio? k f - A-�� - act # Field # Date (mmlddlyr) Crop Type Field Size (acres) - Irid atioa'Time- Nu ber c Start Time I End Time Total Minutes Sprinklers 00 o - ! 14w �' tit! 00 I/eat vo o.� .33; 'Leo Pi 3 S Z• -. 2 3 01 i fc.? �0011� 1 os P 2 2 lit Z, r l0 'LiGW .;00 N 5-- - Z• 3 -- 'i ' r tiO4 10 7. Z 3 7 Z o 00 0 0 2-3 0 L 1 L � Lb if (P z.(* Fonts IRR -1 Lagoon Liquid Irrigation Fields Records For Recording irrigation Events on Different Fields Farm Owner Certified Operator Facility Number Certified Operator # Tract # d Lagoon ID Date (mm/ddtyr) Crop Type Field Size (acres) Irrigation Time Number of Sprinklers Operating Start Time End Time Total Minutes it 41 AW CV C I � n Vk I IRR -2 Farm Owner: Paul Stanley Owners Address: 10023 Willard Rd Willard, NC 28478 Owners Phone Site Identifier 2 Site Size (acres) =A 3.5 Crop Type: Corn Recommended PAN Loading (Ib/ac)=B 135 C -cm - 2G02 Crop Cycle Totals 126,500 136.24 811612002 1 2 3 4 6 7 8 9 10 11 Lagoon Date Start Time End Time Total Min 3-2 GPM Tot Gal 6x4 Gal/AC 7/a PAN Ib/ 1000 gal PAN Applied Ib/ac 8x911000 Nitrogen Balance Ib/ac B-10 135 Commercial Fertilizer - 15 gallvns 30% Nitrogen Solutionper acre 49.00 86.00 1 411612002 10:10 AM 2:00 PM 230 100 23,000 6,571 2.3 15.11 70.89 1 4/21/2002 8:00 AM 12:15 PM 255 100 25,500 7,286 2.3 16.76 54.13 1 4130/2002 10:00 AM 3:00 PM 300 100 30,000 81571 2.3 19.71 34.41 2 5/312002 9:00 AM 1:00 PM 240 100 24,000 6,857 2.6 17.83 16.59 2 5/8/2002 9:30 AM 1:30 PM 240 100 24,000 6,857 2.6 17.83 -1.24 -1.24 -1.24 -1.24 -1.24 -1.24 -1.24 -1.24 -1.24 -1.24 -1.24 -1.24 -1.24 -1.24 Crop Cycle Totals 126,500 136.24 811612002 IRR -2 Farm Owner: Paul Stanley Owners Address: 10023 Willard Rd Willard, NC 28478 Owners Pbone Site Identifier 6 Site Size (acres) =A 2.3 Crop Type: Corn Recommended PAN Loading (Iblac)=B 135 Crop Cycle Totals 25,000 74.00 8/16/2002 ME ME Total 3-2 E Tot 6x4—m- ..PAN 11I ._ Applied • • 000 Nitrogen . _ 1 I1 11 ®� 11 111son Crop Cycle Totals 25,000 74.00 8/16/2002 IRR -2 Farm Owner: Paul Stanley Owners Address: 10023 Willard Rd Willard, NC 28478 Owners Phone Site Identifier 7 Site Size (acres) =A 4.7 Crop Type: Corn Recommended PAN Loading (lb1ac)=B 135 1 2 3 4 6 7 8 9 10 11 Lagoon Date Start Time End Time Total Min 3-2 GPM Tot Gal 6x4 Gal/Ac 7fa PAN Ib! 1000 gal PAN Applied Ib/ac 8x911000 Nitrogen Balance lb/ac B-10 135 Commercial Fertilizer - 15 gallons 30% Nitrogen Solutionper acre 49.00 86.00 1 411/2002 8:00 AM 3:45 PM 465 100 46,500 9,894 2.3 22.76 6324 1 4/15/2002 9:00 AM 3:15 PM 375 100 37,500 7,979 2.3 18.35 4489 2 5/1012002 8:00 AM 1:10 PM 310 100 31,000 6,596 2.6 17.15 27.74 100 27.74 100 27.74 27.74 27.74 27.74 27.74 27.74 27.74 27.74 27.74 27.74 27.74 27.74 27.74 27.74. Crop Cycle Totalsl 115,000 1 107.26 8/16/2002 3 4 5 SoY 4�� vis 2-002- IRR -2 Farm Owner: Paul Stanley Owners Address: 10023 Willard Rd Willard, NC 28478 Owners Phone Site Identifier 2 Site Size (acres) =A 3.5 Crop Type: Wheat Recommended PAN Loading (lblac)=B 120 W h e4 -'d 2-OO2- 2003 Crop Cycle Totalsj 105,000 --50 81 5/12/2003 _•r• �� -Time -Min • _ • r 1000•_ Applied lb/ac rrr NitrogenStart• Balance Vac r � rr rr �� rr rr �•' � ��� r■��� ���■■■���■��■rte ... Crop Cycle Totalsj 105,000 --50 81 5/12/2003 IRR -2 Farm Owner: Paul Stanley Owners Address: 10023 Willard Rd Willard, NC 26478 Owners Phone Site Identifier B Site Size (acres) =A 2.3 Crop Type: Corn Recommended PAN Loading (lblac)=B 135 5/12/2403 _.ff !_ - EJ Total 3-2 Enm� lb/ E 111 Y_ 7�1 AN Applied • • !11 1. -NitrogenPAN Balance • - i MORN .. Cycle Totals111 mmlm- 5/12/2403 IRR -2 Farm Owner: Paul Stanley Owners Address: 10023 Willard Rd Willard, NC 28478 Owners Phone Site Identifier 7 Site Size (acres) =A 4.7 Crop Type: Wheat Recommended PAN Loading (lb/ac)=B 120 Crop Cycle Totals 175,500 I 61.40 5/12/2003 1 2 3 4 6 7 8 9 10 11 Lagoon Date Start Time End Time Total Min 3-2 1 GPM Tot Gal 60 Gal/Ac 7/a PAN Ib/ 1000 gal PAN Applied lb/ac 8x911000 Nitrogen Balance Ib/ac 8-10 120 2 3/1412003 8:00 AM 2:45 PM 405 100 40,500 8,617 1.7 14.65 105.35 1 3/28/2003 9:15 AM 3:15 PM 360 100 36,000 7,660 1.6 12.26 93.10 1 4/4/2003 3:00 PM 6:00 PM 180 100 16,000 3,830 1.6 6.13 86.97 1 4/17/2003 10:15 AM 5:30 PM 435 100 43,500 9,255 1.6 14.81 72.16 2 4124/2003 10:00 AM 4:15 PM 375 100 37,500 7.979 1.7 13.56 58.60 100 58.60 58.60 58.60 58.6€! 58.60 58.60 58.60 58.60 58.60 58.60 58.60 58.60 58.60 58.60 Crop Cycle Totals 175,500 I 61.40 5/12/2003 IV. Rainfall records for the past 12 months Is► -3 3 3 -3 ,,5-A-T- Ixot- -2-00 0.0 to .IF V. Cropping System & Pan 0 -��=�t� - UTiLIZATIO PLA See attached map showing the fields to be used for the utilization of waste water. Application of Waste by Irrigation Field Soil Type Crop Application Application No. Rate (In/Hr) Amount (In_) 1,2,3,4 GoA Row Crops 0.4 0.5 THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL BE NEEDED FOR DRY LITTER OR SLURRY. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 5 MONTHS. In no instance should the volume of waste being stored in your structure exceed Elevation `see lagoon design. Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. Narrative of operation: This plan shows a 2 -year rotation of com, wheat and soybeans in the fields listed_ Grower irrigates with a hardhose traveller. Risidual Nitrogen has been accounted for in the rates shown. Page 4 M00202110554 WASTE: UTiLtZA IQN Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowner must be attached) (Required only it operator does not own adequate land [see Required Specification 2]) Tract Field Sail Crop Lbs. N Acres Lbs. N Month of " See footnote for Table 1. Itilized Application Totals from above Tables NOTE. The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrient or other elements. Page 3 U00202110553 Year "X" Year' Y' Acres Lbs.;N Lbs. N Utilized Utilized Table 1 30.40 5,592 5,808 Table 2 Total 30.40 5,592 5,808 Amount of N Produced 2,496 2,496 Surplus or Deficit {3,095) (3,312) NOTE. The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrient or other elements. Page 3 U00202110553 ., _ .. _ Sa;�. �.F ..._ _ Y.�.. o1."s.. ...$.i it._ Y'-R7�����I�7 ���., ..� .... ��„�. �_- ,. i F�.. .. �. �A.. .si'rt�.'• _.,.. 5,200 animals X " (tons) wastelanimallyear = Amount of Plant Available Nitrogen (PAN) Produced Per Year 5,200 animals X 9,4$ lbs. PAN/animavyear = Guide Std. 633) 2,184 (tons) waste/year. 2,496 lbs. PAN/year. (PAN from N.C. Tech Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner The foilowing acreage will be needed for waste application based on the crop to be grown and surface application: Table t: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres Lbs. N Month of i# No. Tvloe Per Acre Utilized Application T8716 1 GoA Cone 135 4.40 594 March - July T8716 1 GoA Wheat 120 4.40 528 Sept - April T8716 2 GOA Soybeans 120 7.00 840 June - August T8716 3 GoA Com 135 10.00 1350 March - July T8716 3 GoA Wheat 120 10.00 1200 Sept - April T8716 4 GoA Soybeans 120 9.00 1080 June - August YEAR "X" 30.40 5592.00 T8716 1 GOA Soybeans 1201 4.40 528 June - August T8716 2 GoA Com 135 7.00 945 March - July T8716 2 GoA Wheat 120 7.00 840 Sept - April T8716 3 GoA Soybeans 120 10.00 1200 June - August T8716 4 GoA Com 1 135 9.00 1215 March - July T8716 4 IGOA Wheat 1 120 9.001 1080 Sept - April YEAR "Y" 30.401 5,808.00 j *This N is from animal waste only. if nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N must be based on igalistic•,yield expectation. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastem counties of North Caroline to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. Page 2 M00202110552 NMI. U0, Ia WA e7 77, , l, �o �n' I - Vol -,eVL! As 4L Ar- - P, k 7 -Lt: �Af % KI We A or. ftA z.4 .7' NIx 47 14 cd F -I jF U T 'r TZ ILL' _17 Z, . _'eL jIL V.y r"%q :;ewt' Win Nfq c2 Y. VA 'r.W' k;'p 7.7 2A. xe VI_ Actions taken to restore needed freeboard in the lagoons A. Removal of animals — Animals moved out only at normal age and size for nursery B. Delay of stocking — Lagoons of nurseries being restocked were in compliance while nursery was being restocked. C. Pumping & hauling to another site — None D. Securing additional irrigation equipment — Farm has adequate irrigation equipment E. Securing additional spray site — Farm had plenty of available PAN, but fields were too wet to apply water from lagoon_ 1. TT Y ! # 3 2Da3 � VII. Water conservation measures — None Our farm was already trying to conserve water. The problem was not caused by the water generated in the nurseries, but from the rainfall totals. Measure already in place to conserve water: 1) Replaced the water nipples with water saving nipples. MAY 1 32003 03 VIII Plan of Action -- Both lagoons are now in compliance, IX. Prevention Plan I've done everything I could think of. If you have any ideas to change the weather, let me know. State of North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Paul Stanley Paul Stanley Nurseries PO Box 535 Burgaw NC 28425 Dear Paul Stanley: i ffl?ew'AIT • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURGE5 September 4, 2001 f DE -_�__R F N. 200, D WC4 Subject: Notification for Wettable Acre Determination Animal Waste Management System Paul Stanley Nurseries Facility Number 82-597 Sampson County A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only the acres that are wetted can be credited in the waste management plan as receiving waste application. Any acreage within the plan that can not be reached by waste application equipment can not be used as part of your plan. An evaluation by Trent Allen on 315199 was made to review the actual number of acres at your facility that receive animal waste during land application. The evaluation of your facility has yielded one of the following two results as indicated by the box marked with an "X". Category 1: ❑ The evaluation of your facility could not be completed due to a lack of information. Please contact your Technical Specialist to assist in providing Trent Allen the necessary information to potentially exempt your facility from undergoing a complete wettable acre determination. Please submit this information to Trent Allen, at 225 Green Street, Suite 714, Fayetteville, NC 28301, within in 90 days of the receipt of this letter. If you have any questions please contact Trent Allen at (910) 486-1541. If within 90 days you are unable to provide Trent Allen with the infonnation you are automatically required to complete a Wettable Acre Determination as described by Category 2 below, within 180 days of receipt of this letter. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycle&]0% post -consumer paper Notification for Wettable Acre Determination Animal Waste Management System Page 2 Category 2: Your facility has been identified by the Department of Environment and Natural Resources as a facility that may have overestimated the number of acres actually receiving animal waste. Therefore, some or all of your fields may be exceeding the allowable loading rates set in your Certified Animal Waste Management Plan. In order to resolve this issue, please contact a designated Technical Specialist to have him or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must be one that has been approved by the Soil and Water Conservation Commission to conduct Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension Service, the Soil and Water Conservation Districts, the Natural Resources Conservation Service, and the Division of Soil and Water Conservation have received this special designation. You may also contact a private Technical Specialist who has received this designation, or a Professional Engineer. All needed modifications to your Animal Waste Management System must be made and the Wettable Acres Determination Certification must be returned to DWQ within the next 180 days. If the needed modifications are not made and if the form is not returned within the required time, DWQ will be forced to take appropriate enforcement actions to bring this facility into compliance. These actions may include civil penalty assessments, permit revocation, and/or injunctive relief. Once a Wettable Acre Determination has been completed, a copy of the attached Wettable Acre Determination Certification must be submitted to the address listed on the form. Please note that both the owner and the Technical Specialist must sign the certification. A copy of all the Wettable Acre Determination documentation that applies to your Waste Utilization Plan must be kept at your facility. DWQ and the Division of Soil R Water Conservation Staff will review all documentation during their annual visit of your facility. An additional copy must by kept on file at the focal Soil & Water Conservation District Office. Please note that if you install or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer must also sign the Wettable Acre Determination Certification. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our Central Office staff at (919) 733-5083 ext. 571. J. Thorpe, Ph.D. cc: Fayetteville Regional Office Sampson County Soil and Water Conservation District Facility File Murphy Family Farms State of North Carolina Department of Environment RECEIVED and Natural Resources Division of Water Quality 111A 0 2000 James B. Hunt, Jr., Governor FAYETTEVILI"' Bill Holman, Secretary REG. OFFICE Kerr T. Stevens, Director May 30, 2000 Stuart Davis Stuart Davis #I & #2 10023 Willard Rd. Willard NC 28478 e�� NCDENF NORTH CAROLINA DEE A,RX-tNi=tJT O� ENVIRONMENT _ iJRAt RESOUR Subject: Application No. AWS820597 Additional Information Request Stuart Davis #1 & #2 Animal Waste Operation Sampson County Dear Stuart Davis; The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by June 29, 2000: Your facility was conditionally certified on 717/95 pending the installation of irrigation system. PIease verify that the system is in place. V When utilizing soybeans in a crop rotation, residual nitrogen should be accounted for in the next crop. It appears that the nitrogen residual from soybeans is not accounted for in the Waste Utilization Plan (WUP) submitted. Please contact your technical specialist to review your Waste Utilization Plan (WUP) and revise the WUP to account for residual nitrogen from soybeans, if necessary. 3_ Please provide a clearer map that identifies (outlines or highlights) and shows the acreage for each field to be used for waste application. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before June 29, 2000 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 363. Sincerely, JR Joshi Non-Dis arge ermitting Unit cc: Fayetteville Regional Office, Water Quality Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Stuart Davis Stuart Davis #I & #2 10023 Willard Rd. Willard NC 28478 Dear Stuart Davis: / TkW".NXA • AN ftl NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 u E C'7 9" ` F- LS I -I 11 Abu FAY ETEVsLLE REG. OFFICE Subject: Fertilizer Application Recordkeeping Animal Waste Management System' Facility Number 82-597 Sampson County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. 1RR1, IRR2, DRY1, DRY2, DRYS, SLURi, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571, Sincerely, // 7�;7 Kerr T. Stevens, Director Division of Water Quality cc: Fayetteville Regional Office Sampson County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper State of North Carolina IT a Department of Environment, Health and Natural Resources ` F!?FA Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, SecretaryE H N A. Preston Howard, Jr., P.E., Director E) April 3, 1997 RECEV APR 07MT Stuart Davis Stuart Davis #2 FAyE TEViLLE 1305 W Wards Bridge Rd REG. OFFICE Warsaw NC 28398 SUBJECT: Notice of Violation Designation of Operator in Charge Stuart Davis #2 Facility Number 82--596 Sampson County Dear Mr. Davis: You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Out records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, )*%*i J�'X�0' for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Fayetteville Regional Office Facility File Enclosure P.U. Box 29535, >��y` FAX 919-7332496 Raleigh, North Carolina 27626-0535 �� An Equal Opportunily/Affirmatrve Action Employer Telephone 919-733-7015 50% recycles/ 1094% post -consumer paper State of North Carolina Department of Environment, ..Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Stuart Davis Stuart Davis #1 1305 W Wards Bridge Rd Warsaw NC 28398 Dear Mr. Davis: IRMA, 10M% AOOO, April 3, 1997 APR 0 .7 1941 FA'>''��EUiLLE REG. OFFICE SUBJECT: Notice of Violation Designation of Operator in Charge Stuart Davis #1 - Facility Number 82--597 Sampson County You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need. assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty, unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, for Steve W. Tedder, Chief Water Quality Section bb/awdeslet 1 cc: Fayetteville Regional Office Facility File Enclosure P.O. Box 29535,N�� FAX 919-733-2496 Raleigh. North Carolina 27626-0535 �� An Equal FAX Action Employer Telephone 919-733-7015 50% recycles/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources .lames B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 Stuart Davis Stuart Davis #2 1305 W Wards Bridge Rd Warsaw NC 28398 SUBJECT: Operator In Charge Designation Facility: Stuart Davis #2 Facility ID#: 82-596 Sampson County Dear Mr. Davis: EDE�H"FZ NOV 19 1996 F'A`l 1 -1 -VI LE REG, OFFICE Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on-going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Bary Huneycutt of our staff at 919!733-0026. Sincerely A. Preston Howard, Jr., P.E., Director Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files P.O. Box 27687, N1�f4 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 ti; 50% recycled/ 10% post -consumer paper State of North Carolina Deportment of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 Stuart Davis Stuart Davis #1 1305 W Wards Bridge Rd Warsaw NC 28398 SUBJECT: Operator In Charge Designation Facility: Stuart Davis #1 Facility ID#: 82-597 Sampson County Dear Mr. Davis: , :'O"F EDEHNR n"CEIVED NOV 19 1996 FAY, 1 >I EVILLA REG. OFFICE Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on-going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call, Beth Buffington or Bang Huneycutt of our staff at 919/733-00 6. Sin rely, A. Preston Howard, Jr., P.E., Director Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files P.O. Box 27687, 'W * Raleigh, North Carolina 27611-7687 'o�C An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 _ 500,6 recycled/]C% post -consumer paper