820619_CORRESPONDENCE_20171231

NORTH CAROLINA
Deparbnent of Environmental Quality
Waste Utilization Plan
Producer: County: Sampso n
Name of Farm:
Elbert Pearsall
Pearsall Farm, Inc.
997 Simmons Rd.
Clinton NC 28328
910-385-8039
Location:
Phone:
Type of Operation: Feed-Finish
2205 Number of Animal:
Storage Structure: Anaerobic Lagoon
Method of Application: Irrigation
Amount of waste produced per year:
Amount of plant available N (PAN) produced/year:
4190 ton/year
5072 lbs ./year
The waste from your animal facility must be land applied at a specified rate to preve nt
pollution of surface water and/or groundwater. The plant nutrients in the animal wa ste
should be used to reduce the amount of commercial fertilizer required for the crops in the
fields where the waste is to be applied.
This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be ana lyzed
before each application cycle. Annual soil tests are strongly encouraged so that all plant
nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in the implementing your waste utilization plan in or der to
maximize the fertilizer value of the waste and to ensure that it is applied in an environm en tally
safe manner.
1. Always apply waste based on the needs of the crop to be grown and t he nutrient
content of the waste. Do not apply more nitrogen than the crop can uti lize.
2. Soil types are important as they have different infiltration rates, leaching potential s,
cation exchange capacities, and available water holding capacities.
3. Normally waste shall not be applied to land eroding at more than 5 t ons per ac re per
year. Waste may be applied to land eroding at 5 or more tons per acre annually, bu t
less than 10 tons per acre per year providing that adequate filter strip s are
established.
4. Do not apply waste on saturated soils, when it is raining, or when the sur face is
frozen. Either of these conditions may in runoff to the surface waters whi ch is not
allowed under DWQ regulations.
S. Wind conditions should also be considered to avoid drift and downwind od or problem s.
6. To maximize the value of the nutrients for crops production and to red uce t he potent ial fo r
pollution, the waste should be applied to a growing crop or applied n ot m ore than 30 da y s
prior to planting a crop or forages breaking dormancy. Injecting the was te or disk ing w ill
conserve nutrients and reduce odor problems.
This plan is based on the waste application method shown above. If you choose to chan ge m ethods
in the future, you need to revise this plan. Nutrient levels for different applications m et hod s are
not the same.
The estimated acres needed to apply the animal waste is based on typical nutrient con tent fo r
this type of facility. Acreage requirements should be based on the waste analysis rep ort from
your waste management facility. In some cases you may want to have plant analysi s m ade , w h ich
DENR-FRO 0 ~ I
MAR 1 8 201~
OWQ
Pearsall Farm, Inc. Page 2
could allow additional waste to be applied . Provisions shall be made for the area receiving
waste to be flexible so as to accommodate changing waste analysis content and the crop type.
lime must be applied to maintain pH in the optimum range. for specific crop production. This
waste utilization plan, if carried out, meets the r equirements for compliance with 15A NCAC
2H .0217 adopted by the Environmental Management Commission.
YOUR WASTE UTILIZATION PLAN IS BASED ON THE FOLLOWING :
Tract No. Pull No. Soil Type
Sweet Potatoes
Tract No . Pull No. Soil Type Crop
Code
4911 1 Au S Potato
49 11 2 Au S Potato
4911 3 Au S Potato
8903 4 Au S Potato
8903 5 Au S Potato
Yield/Ac lbs. N Acres
Total
Available Nitrogen
Surplus or deficit
Yield/Ac lbs. N Acres
unit
80 lbs/ac reg ardless of yield
Waste Utilization Agreement
Total
Available Nitrogen
Surplus or deficit
7.84
6.87
5.72
5.46
3.56
Lbs N Month to
5072 lbs .
-1974 lbs .
Lbs N Month to
Used Apply
627 Pre -plant
550 Pre -plant
4S8 Pr e-plant
437 Pre -plant
285 Pre -plant
2356 lbs.
l~2lf~llb s .
5160 lbs.
5072 lb s.
-88 lb s.
Lbs. N
Lbs . N
Per Ac.
80
80
80
80
80
Pearsall Farm, Inc. Page 3
Pulls 1~5 are a three~year rotation of corn, wheat and soybeans. The acres are reduced by h alf to account f or t his
rota t ion. Use the followin table on the IRR-2 form. Sweet potatoes may be planted in this rota t ion.
Total
Applying the above amount of waste is a big job. You should plan time and have appropri ate equipment to apply
the waste in a timely manner.
Pearsall Farm, Inc. Page 4
The applicator is cautioned that P and K may be over applied while meeting theN requirements. In the future,
regulations may require farmers in some parts of North Carolina to have a nutrient management plan that
addresses all nutrients. This plan only addresses nitrogen.
In interplanted fields (i.e. small grain, etc. interseeded in bermudagrass), forage must be removed through
grazing, hay and /or silage. Where grazing, plants should be grazed when they reach a height of six to nine
inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain
etc. is to be removed for hay or silage, care should be exercised not to Jet small grain to reach materity,
especially late in the season ( i.e. April or May) Shading may result if small grain gets too high and this will
definitely interfere with the stand of bermudagrass. This loss of stand will result in reduced yields and less
nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal
situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage
two to three times during the season, depending on the time small grain is planted in the faiL
The ideal time to interplant small grain, etc. is late September or early October . Drilling is recommended over
broadcasting. Bermudagrass should be grazed or mowed to a height of about two inches before drilling for best
results.
Caution must be exercised in grazing or haying summer annuals under stressed conditions. Nitrate poisoning
may occur in livestock. Sampling forage or hay for nitrate levels is recommended.
Acres shown in the tables are considered to be the usable acres excluding required buffers, filters strips along
ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to
equipment limitations. Actual total acres in the field listed may, and most likely will be, more than the acres
shown in the tables.
See attached map showing the fields to be used for the utilization of animal waste.
SLUDGE APPLICATION :
The w as t e uti lization plan mu st co ntain provisions for periodic land application of sludge at agronomic rates.
Th e sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients
or other elements. Your production facility will produce approximately 794 lbs . of plant available
nitrogen per year in the sludge .
If you remove sludge every 5 years you will have approximately 3969 lbs. of PAN t o utilize. A ss uming
you apply this PAN to hybrid bermudag ra ss hay land at the rate of 300 lbs/acre you will need 13
ac re s of land. If you apply the sludge to corn at the rate of 125 lbs. of nitrogen per acre you will ne ed 32
acres of land . Please be aware that these are only estmates of the PAN and the land needed. Actual
requirements could vary by 25% depending on the sludge w aste ana lysis, so il types, reali sti c yields, and
application methods.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application r ate shou ld not exceed the in take r ate of the so il at the time of irriga tion such that
r un off or pending occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water
droplet size, and organic solids. The application amount shou ld not exceed the available water holding capacity
Pearsall Farm, Inc. Page 5
of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of
the crop.
If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and
irrigation designer to ensure that an irrigation system is installed to properly irrrigate the acres shown in tables.
Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan
invalid.
The following table is provided as a guide for establishing application rates and amounts.
Tract No. Field No. Soil Type Crop Applic. Applic.
Code Rate{in/hr) Amount
4911 1 Au Corn 0.5 1.0
4911 1 Au Wheat 0.5 1.0
4911 1 Au Soybeans 0.5 1.0
4911 2 Au Corn 0.5 1.0
4911 2 Au Wheat 0.5 1.0
4911 2 Au Soybeans 0.5 1.0
4911 3 Au Corn 0.5 1.0
4911 3 Au Wheat 0.5 1.0
4911 3 Au Soybeans 0.5 1.0
8903 4 Au Corn 0.5 1.0
8903 4 Au Wheat 0.5 1.0
8903 4 Au Soybeans 0.5 1.0
8903 5 Au Corn 0.5 1.0
8903 5 Au Wheat 0.5 1.0
8903 5 Au Soybeans 0.5 1.0
Wasteutmn • . !l!•c•~ ~ 1107.89/~07.1!1~ .
'107~Q 'Ill~ w >_l:J/J, n7 1!10~
!10789 :107.871 ·-~
•.. ,.;.~ •... ·
·~g~
10789/10787Jl5-if om
'1rl·'~Q . . . . ·m• 1roWJ:
.io ... iin~
~· 10
'
10789/lv·<n.....,.l l~:fi)¥.€
Tract No. Pull No. Soil Type Crop Applic. Applic.
Code Rate(in/hr) Amount
4911 1 Au S Potato 0.5 1.0
4911 2 Au S Potato 0.5 1.0
4911 3 Au s Potato 0.5 1.0
8903 4 Au S Potato 0.5 1.0
8903 5 Au S Potato 0.5 1.0
Pearsall Farm, Inc. Page 6
This is the maximum application amount allowed for the soil assuming the amount of ni trogen allow ed for the
crop is not over applied. In many situations the application amount shown cannot be ap p l ied beca us e of the
nitrogen limitations. The maximum application amount shown can be applied under optimum soil conditions.
Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on t h e
average of once every 6 months. In no instances should the volume of the waste be stored in your structure
be within the 25 year 24 hour storm storage or one foot of freeboard except in the eve nt of t he 25 y ea r 24 hou r
storm.
It is the responsibility of the producer and the waste applicator to ensure that the sp reader equipment is operated
properly to apply the correct rates shown in the tables. Failure to apply the recommended rates and amou nts of
nitrogen shown in the tables may make this plan invalid.
Call your technical specialist after you have receive the waste analysis report for assistance in determining the
amount of waste per acre and the proper application rate prior to appling the waste.
NARRATIV(OF OPERATION
The chicken barns in pull number 1 & 2 are no longer in production and are being torn down at the present. Pull 1 & 2
will extent pass the barns when material is removed and crop planted. A new WUP will be updated when t his project is
completed.
Pearsall Farm, Inc.
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application.
Any discharge of waste which reaches surface water is prohibited.
There must be documentation in the design folder that the producer either owns or has an
agreement for use of adequate land on which to properly apply waste. If the producer
does not own adequate land to properly dispose of waste, he/she shall provide a copy of
an agreement with a landowner who is within a reasonable proximity, allowing him/her the
use of the land for waste application. It is the responsibility of the owner of the facilit y to
secure an update of the Waste Utilization Plan when there is a change in the operation,
increase in the number of animals, method of utilization, or available land.
Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop
yields based on soil type, available moisture, historical data, climatic conditions, and level
of management, unless there are regulations that restrict the rate of application for other
nutrients.
Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste
may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per
year providing grass filter strips are installed where runoff leaves the field. (See FOTG
standard 393-Filter Strip).
Odors can be reduced by injecting the waste or dis king after waste application. Waste
should not be applied when there is danger of drift from the irrigation field.
When animal waste is to be applied on acres subject to flooding, it will be soil incorporated
on conventionally tilled cropland. When applied to conservation tilled crops or grassland ,
the waste may be broadcast provided the application does not occur during a season
prone to flooding. (See "Weather and Climate in North Carolina" for guidance.)
Liquid waste shall be applied at rates not to exceed the soil infiltration rate that runoff
does not occur offsite or to the surface waters and in a method which does not cause drift
from the site during application. No pending should occur in order to control odor or flies.
Animal waste shall not be applied to saturated soils, during rainfall events, or when the
surface is frozen.
Animal waste shall be applied on actively growing crops in such a manner that the crop is
not covered with waste to a depth that would inhibit growth. The potential for salt damage
from animal waste should also be considered.
Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a
high potentual for leaching. Waste nutrient loading rates on these soils should be held to a
minimum and a suitable winter cover crop planted to take up released nutrients. Waste
shall not be applied more than 30 days prior to planting of the crop or forages breaking
dormancy.
Any new swine facility sited on or after October 1, 1995 shall comply with the following:
The outer perimeter of the land area onto which waste is applied from a lagoon that is a
component of a swine farm shall be at least 50 feet from any residenrial property boundary
and from any perennial stream or river (other than an irrigation ditch or canal. Animal
waste other than swine waste from facilities sited on or after October 1, 1995), shall not be
applied closer than 25 feet to perennial waters. (See Standard 393-Filter Strips).
Page 7
Pearsall Farm, Inc.
REQUIRED SPECIFICATIONS
(continued)
12. Animal waste shall not be applied closer than 100 feet to wells.
Page 8
13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned
by he landowner.
14. Waste shall be applied in a manner not to reach other property and public right-of-ways.
15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over-spraying. Animal waste may be applied to prior converted wetla nds
provided they have been approved as a land application site by a "technical specialist".
Animal waste shall not be applied on grassed waterways that discharge directly into water
courses, and on other grassed waterways, waste shall be applied at agronomic rates in a
manner that causes no runoff or drift from the site.
16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall
not be discharged into the animal waste management system.
17. A protective cover of appropriate vegtation will be established on all dis t urbed areas
(lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to
protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc.,
are limited to areas where considered appropriate. Lagoon areas should be kept mowed
and accessible. Berms and structures should be inspected regularly for evidences of
erosion, leakage or discharge.
18. If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will elimi nate the
possibility of an illigal discharge, pollution and erosion.
19. Waste handling structures, piping pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks and spills. A regular maintenance checkli st should be
kept on site.
20. Animal waste can be used in a rotation that includes vegetation and other crops for di r ect
human consumption. However, if animal waste is used on crops for direct hu ma n
consumption it should only be applied pre-plant with no further applica tions of anima l waste
during the crop season.
21. Highly visible markers shall be installed to mark the top and the bottom eleva t ions of th e
temporary storage (pumping volume) of all waste treatment lagoons. Pumpi ng shall be
managed to maintain the liquid level between the markers. A marker will be required to
mark the maximum storage volume for waste storage ponds.
22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually
at crop sites where waste products are applied. Nitrogen shall be the rate-det ermining
element. Zinc and copper levels in the soil shall be monitored and alternat ive crop sites
shall be used when these metal approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste analysis records shall be kep t
for five (5) years. Poultry dry waste application records shall be maintai ned for t h ree (3}
years. Waste application records for all other waste shall be maintained for five (5) years .
23. Dead animals will be disposed of in a manner that meets North Carolina regula t ions.
WASTE UTILIZATION PlAN AGREEMENT
Name of Farm: Pearsall Farm, Inc.
Owner/Manager Agreement Elbert Pearsall
I (we) understand and will follow and implement the specifications and the operati on and m aintenan ce proce-
dures established in the approved animal waste utilization plan for the farm named above. I (w e} kn ow t hat an y
expansion to the existing design capacity of the waste treatment and storage system or co nstruction of new
facilities will require a new certification to be submitted to the North Carolina Divi sion of Wa t er Quali ty
before the new animals are stocked. I (we) also understand that there must be no di sc harge of animal waste
from this system to the surface waters of the state from a storm event less severe t han the 25-year, 24 hour
storm.The approved plan will be filed on-site at the farm office and at the office of t he local Soil an d Wate r
Conservation District and will be available for review by NCDWQ upon request.
Name of Facility Owner: Elbert Pearsall
Signature: X t:t/a:~ Date: .3/n / 1 o/
Name of Manager (If different from owner)
Signature:
Name of Person Preparing Plan:
Affiliation: Prestage Farms, Inc.
Address: P.O. Box 438
Clinton, NC 28329
Signature:
G. Glenn Clifton
Date : ----
Phone: [phone]
Date : 3/lf/ I~
.r
. ,·-
-o
··4~.;.~\~;~ · ..
Elbert Pearsall
Elbert Pearsall Farm
997 Simmons Road
Clinton NC 28328
Dear Elbert Pearsall:
Michael F. Easley, Governor
William G . Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 24, 2004
Alan W. Klimek, P.E. Director
Division of Water Quality
Subject: Certificate of Coverage No. A WS820619
Elbert Pearsall Farm
Swine Waste Collection, Treatment, Storage
and Application System
Sampson County
In accordance with your application received on November 18, 2004, we are hereby forwarding to you
this Certificate of Coverage (COC) issued to Elbert Pearsall, authorizing the operation of the subject
animal waste collection, treatment, storage and land application system in accordance with General
Permit A WG 100000. The issuance of this COC supercedes and terminates your previous COC Number
A WS820619 which expired October I, 2004.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the Elbert Pearsall Farm, located in Sampson County, with an animal capacity of no
greater than an annual average of2205 Feeder to Finish swine and the application to land as s pecified in
the facility 's Certified Animal Waste Management Plan (CA WMP). If this is a Farrow to Wean or
Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary,
they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a
rate of 4 gilts for every 3 sows.
The COC shall be effective from the date of iss uance until September 30, 2 009. Purs uant to this COC,
you are authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CA WMP, and this COC. An adequate system for collecting
and maintaining the re quired monitoring data and operational informatio n must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to theCA WMP and
this COC and must be completed prior to actual increase in either wastewater flow or number of animals.
Please carefully read this COC and the enclosed State General Permit. Since this is a revised State
General Permit, it contains new requirements in addition to most of the conditions contained in the
previous State General Permit. Enclosed for your convenience is a package containing the new and
revised forms use d for record keeping and reporting. Please pay careful attention to the record keeping
and monitoring conditions in this permit.
If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permjt convey an~' property rights jo either real or personal property N?:"rthCarulina
Aquifer P rotection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Pho ne [phone] C ustomer Serv ice ;Nnlllttll/!f
Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax (919)71 S-6048
An Equal Opportunity/Affirmative Action Empbyer-50% Recydedl10% Post Consumer Paper
Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per l5A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the tenns and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
2l5.6A through 143-215 .6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration .
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Fayetteville Regional Office . The Regional Office
Aquifer Protection Staff may be reached at [phone]. If you need additional information
concerning this COC or the General Permit, please contact J. R. Joshi at 715-6698.
Sincerely,
for Alan W. Klimek, P .E .
Enclosures (General Permit A WG I 00000)
cc: (Certificate of Coverage only for all cc's)
Fayetteville Regional Office, Aquifer Protection Section
Sampson County Health Department
Sampson County Soil and Water Conservation District
Permit File AWS820619
APS Central Files
, Michael F. Easley, Governor
William G. Ross Jr., Secretazy
North Carolina Depanment of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Wata Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
October 28,2004
RECE\VED
NOV -3 200lt Elbert Pearsall
Elbert Pearsall Fann
997 Simmons Road
Clinton NC 28328
oeNA. fAYE1'TE\1u.E AEGIONALOfFIC£
Subject: Application for Renewal of Coverage under the State Non-Discharge General Permit
Dear Permittee:
Your facility is currently approved for operation under one of the Animal Waste Operation General Penn its.
These permits expired on October 1, 2004. On June 11, 2004, the North Carolina Div ision of Water Quality
(Division) issued revised State General Permits for animal facilities. The General Permits were issued in
accordance with the directive of Senate Bill 733 (Session Law 2003-28). The Division staff is currently in the
process of issuing Certificates of Coverage for these revised general permits.
In order to assure your continued coverage under the general permit, you must apply to the Division for renewal.
Enclosed you will fmd a Permit Coverage Renewal Application Form. The application form must be completed
and returned within 60 days from receipt of this letter.
Failure to request re newal of your coverage under a general permit within the time period specified may result in
a civil penalty. Operation of your facility without coverage under a valid genera l permit would constitute a
violation ofNCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day.
If you have any questions about the general perrni ts, the enclosed application, or any related matter please feel
free to contact Duane Leith at [phone].
Enclosures (COC Renewal Form)
Cc: Sampson Soil and Water Conservation District
Fayetteville Regional Office, Division of Water Quality
Permit File AWS820619
Sincerely,
~-PaulShennan,P .E.
N}f.(lhCarolina
/VIllllfllll!/
Aquifer Protect ion Section
Internet : hnp://h2o.enr.state.nc.us
1636 Mai l Service Center
2728 Capital Boulevard
Raleigh, NC 2 7699-1636
Raleigh, NC 27604
Phone [phone] Customer Service
Fax [phone]
Fax (919)715~8
An Equal Opportunity/Affinnative Action Employer -50% Recycled/1 0% Post Consumer Paper
Mich ael F. Easley
Governor
William G . Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W . Klimek, P.E. Director
Division of Water Quality
January 21, 2003 .. ~ .~
I ~ ~ ,'
JAN 3 0 2003
MR. ELBERT PEARSALL
997 SIMMONS ROAD
CLINTON NC 28328
Dear Mr. Pearsall:
I
I L _______ _
SUBJECf: Acknowledgment Receipt Letter
Civil Penalty Assessment of Violation
Farm# 82-619
Case #PC 02-009
Sampson County
This letter is to acknowledge receipt of your check# 1243 in the amount of $2,904.99,
received for Elbert Pearsall Farm.
This payment satisfies in full the civil assessment in the amount of 52,904.99 levied
against Elbert Pearsall Farm, and this enforcement case has been closed. Payment of these
penalties in no way precludes further action by this D ivision for future violations.
If you have any questions please call Steve Lewis at [phone] ext. 539.
Non-Discharge Compliance & Enforcement
SL:sw
cc: Fayetteville Regional Office '
Enforcement/Compliance Files # PC 02-009
Central Files
A~A ------------------------------------------~--
Customer Service:
1·Bn -623-67 48
Mailing Address:
1617 Mail Service Center
Raleigh, North Carolina 27699·1617
Telephone (919} 733-5083
Fax (919) 733·0059
State Courier #52·01·01
An Equal Opportunity I Affirmative Action Empl oyer
50% recycled 1 10% post-consumer paper
http://h2o. enr.state.nc. us
NCDENR
Location:
512 N. Sali sbury St.
Raleigh. NC 27699-1617
-.,
'
,-
MEMORANDUM
TO:
THRU:
FROM:
SUBJECT:
DIVISION OF WA T ER QUALITY
May 28,2002
Jeff Poupart
Non-Disch~ompliance
Paul Rawls
Water Quali Regional Supervisor
Fayetteville Regional Office
Robert F. Heath
Environmental Specialist II
Fayetteville Regional Office
Enforcement Package
Elbert Pearsall Farm
Facility No. 82-619
Sampson County
Please find enclosed a fast track enforcement package pertaining to the v iolations
ofthe conditions of the General Permit at the subject facil ity.
Thank for your cooperation regarding this matter. If you have any further
questions or need clarification on any of the details, please contact me.
/rfh
STATE OF NORTH CAROLINA
COUNTY OF SAMWSON
IN THE MAITEROF
Mr. Elbert Pearsall
Pearsall Swine Farm ·
FOR VIOLATIONS OF PERMIT
15A NCAC 2H .0217
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. PC
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-:_215 .6A, I, Greg Thorpe, Acting
Director of the Division of Water Quality (DWQ), make the following :
L FINDINGS OF FACT:
A Elbert Pearsall operates a concentrated animal operation m Sampson County.
B. The Pearsall Swine Farm was permitted as a nondischarge facility on October 26,
1998, in accordance with 15A NCAC 2H .0217.
C . Elbert Pearsall was issued a Certificate of Coverage A WS820619 under General Permit
A WG 100000 for Pearsall Farm on October 26 , 1998, effective date of October 26, 1998 with an
expiration date of April 30, 2003.
D . Condition No.II (2) of the issued permit states" A vegetative cover shall be maintained on all
land application fields and buffers in accordance with the CA WMP".
Condition NoJII (3) of the issued permit states" A representative Standard Soil Fertility
Analysis, including pH, copper, and zinc, shall be conducted annually on each
application field receiving animal waste. The results of these tests shall be maintained
on file by the Permittee for a minimum of three years and shall be made available to the
DWQ upon request".
Condition No. III (4) of the issued permit states "An analysis of the animal waste shall be
conducted as close to the time of application as practical and at least within 60 days
(before or after) of the date of application. This analysis shall include the following
parameters: Nitrogen, Phosphorou s, Zinc, Copper".
Condition No . III (5) of the issued permit states "Records, including land application
events and removal of solids to an off-site location records , shall be maintained by the
Permittee in chronological and legible form for a minimum of three years. These
records shall be maintained on forms provided or approved by the DWQ and shall be
readily available for inspection .
E. DWQ staff inspected the Pearsall Farm on the following dates to verify compliance with the
General Permit. Comments include the following:
10-23-97 lagoon dikes reseeded per Soil and Water, no irrigation as of yet.
9-16-98 need to continue to work on establishing grass on inside slopes. On back corner
had a slight erosion problem on inside slope. Evidently the farm has not
pumped since no irrigation records were available.
8-31-99 farm was stocked in early to mid 95. No pumping has occurred to date .
Farm has been in operation for approx. 4 plus years. Lagoon levels have been
maintained since Jan. 6, 99 that indicate that the lagoon level has only
fluctuated approx. 3 inches in the past 8 months from 33 inches to 36 inches.
The farm has 2210 animals and the lagoon was designed for 2940. Concern
over liquid level, possible leakage?
11-16-00 waste application records are for Fal11999 through spring 2000.
Approximately 1 million gallons pumped. Pond is built for 4 houses, currently
3 on-site.
10-23-01 well maintained farm , good records.
ll-9-0 1 Phone in complaining about hog waste being sprayed on the brick house on
Honrine Road. Visited sprayfield while still spraying . No drift, no application
within 300 feet of house. Operator met all setback requirements.
3-13-02 Lagoon records indicate 12 inches of waste pumped in Nov. Between 11-
4-01 and 11-11-01. Pumping records IRR-2 forms only account for
198,000 gallons and approximately 500,000 gallons were removed from
the lagoon. In addition, wheat crop was never established as required to
utilize the PAN. Must collect soil samples annually & waste samples
within 60 days of waste application
F. The cost to the State of the enforcement procedures in this matter totals$ 404 .99.
Based upon the above Findings of Fact, I make the following:
II. CONC LUSIONS OF LAW:
A. Elbert Pearsall is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for this animal waste management system ts required in accordance
with 15A NCAC 2H .0217 and G .S. 143-215.1.
C . Elbert Pearsa ll above sited for failure to establish a ve geta tive cover on waste application
field s after applying waste violated Condition II (2) of Animal Waste Permit No.
AWG100000.
2
Elbert Pearsall above sited for failure to collect a representative Standard Soil Fertility
Analysis annually on each application field violated Condition No. III (3) of Animal Waste
Permit No. AWGIOOOOO.
Elbert Pearsall above sited for failure to collect a waste analysis within 60 days of
waste application violated Condition III ( 4) of Animal Waste Pennit No. A WG 100000.
Elbert Pearsall above sited for failure to maintain records of land application events
violated Condition No. III (5) of Animal Waste Permit No. A WG 100000.
D. Elbert Pearsall may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty ofnot more than twenty
five thousand dollars ($25,000.00) per violation may be assessed against a
person for failing to act in accordance with the terms, conditions or
requirement of a permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Elbert
Pearsall pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.l(b)(8).
F. The Director, of the Division of Water Quality, pursuant to delegation provided
for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this
matter.
Base d upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Elbert Pearsall is hereby assessed a civil penalty of:
$ _____ _
$. _____ _
$. _____ _
$. _____ _
$. _____ _
$. _____ _
$ _____ _
for violating Condition No.II (2) of Permit No. A WG 100000 for failure to
establish a vegetative cover on the application fields.
for violating Condition No. III (3) of Permit No. A WG 100000 for
failure to collect representative Standard Soil Fertility Analysis annually.
for violating Condition No. ill (4) of Permit No. AWGIOOOOO for
failure to collect a waste analysis within 60 days of waste application.
for violating Condition No. III (5) of Permit No. A WG 100000 for
failure to maintain irrigation records.
TOTAL CIVIL PENALTY, which is percent ofthe
maximum penalty authorized by G.S. 143-215 .6A.
Enforcement costs
TOTAL AMOUNT DUE
3
Date
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.l(b), which are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The degree and extent of harm to the natural resources of the State, to the
public health, or to private property resulting from the violation;
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission has regulatory
authority; and
The cost to the State of the enforcement procedures.
Gregory Thorpe. Acting Director
Division of Water Quality
4
ANIMAL OPERATION INSPECTION FORM
1. Date of Inspection(s): March 13. 2002
2 . Regional Office: Fayetteville. Water Quality Section
3 . Name of Owner Of Property: Elbert Pearsall (Copy ofDeed attached)
4. Name of Operator: Mr. Elbert Pearsall
5. Address: 997 Simmons Road
Clinton. NC 28328
6 . Phone Number: [phone]
7. Description of Facility Location, Map excerpt attached.
Travel from Clinton on Highway 701 North to SR 1737. tum left. go approximately three
miles to farm on left .
8. Date this facility began operation : The farm has been in full operation since June. 1994
9. Date of last expansion: Not Applicable
10. Has the facility registered with DWQ? YES _.X NO_
If yes, date of registration 11124/93
11 . Does the facility have an approved Animal Waste Management Plan YES-X_ NO_
Is one required? YES_K_ NO_
Date Approved: March 29.2002
12. Has this facility received a CAFO Designation? YES_ NO X
If yes, date issued: ____ _
13 . Type of Operation: Swine. Feeder to Finish
14. Number and type of livestock : The facility is designed and pennitted for 2940 ho~s per cycle.
1 5. Length of time animals have been, are , or will be stabled, or confined and fed or maintained
in any 12 month period. Twelve (12) months.
16 . Are crops, pasture, or post harvest residues sustained in the normal growing season over any
portion of the lot or facility? No. The farm waS designed to have approximately 30 acres of
land on which to apply waste. The certj tied waste management plan calls for a soybean and
wheat rotation crop in fields 1-4 (17 .8 acres) and a com. wheat. and soybean rotation on fields
5&6 (5.2 acres) and soybeans and wheat on field 7 (1 .9acres). At the time of the inspection.
none of the spray fields had a wheat crop established.
Page 2
17. Type of Waste Management System: Swine are kept in total confinement free stall barns
with slotted floors over flushing pits. Waste is flushed as needed from floor pits into the waste
laEoon system. The lagoon system is composed of one ( 1) lagoon from which waste can be
pumped to the application fields via a mobile reel and spray gun system.
18. Description of other animal operations in i~mediate vicinity and proximity to same or other
surface waters: It was noted that the Kenneth Bradshaw swine farm is located adjacent to the
Pearsall Farm. This facility applies waste on fields adjacent to the Pearsall Farm facility
application site.
19. Proximity of facility to neighboring houses, wells, etc.: It was noted that several residences
are located approximately 200 feet from the North portion of the waste application field # 5&6.
20. Approximate depth of ground water table in the area of the facility or discharge: 18 to 20 feet.
21. Proximity of facility to surface waters: Facility (edge of lagoons) is located approximately
750 feet from a blue line stream.
22. Animal waste discharged. fuyjm;
Witnesses: Not applicable
23. Are pollutants discharged in the waters of the State? NQ
Ifso, how?
24. Do or have discharges occurred in response to a storm event less severe than the 25-year, 24
hour storm? NQ.
25. What is the degree and extent of harm to the natural resources of the State, to public health, or
to private property resulting from the violation?: Not applicable.
26. What is the duration and gravity of the violation?: This facility has been inspected
approximately 10 times by the DWQ and the DS&W and no violations of this type were ever
IlQkd.
2 7. Water Quality Assessment: Several residences approximately 500 feet to the West of field # 7
are reported to have high levels of nitrates in their potable wells . In addition. one residence to
the North of fields 5&6 are reported to have high nitrates in their well. This facility could have
contributed to the problem since previous records may not be accurate and all waste has been
irrigated on a portion of the required acreage until the most recent CA WMP was issued in
March2002.
28. What is the cost of rectifying the damage?: unknown
Page 3
29. What is the amount of money saved by noncompliance?: Based on observations made
durini the investigations.little or no money was saved by Mr. Pearsall failure to maintain
accurate records.
30. Was the violation committed willfully or intentionally?:
YES.lL NO_
Explain: Mr. Pearsall orriginally stated that no irrigation bad occurred since the previous
inspection. however. after reviewing his lagoon level records for the period the inspector
observed that approximately 12 inches of wastewater had been irrigated in November 2001.
Further discussion with Mr. Pearsall about the discr~ancy resulted in Mr. Pearsall admitting
that he had irrigated and the records were at his home. We a~W'ed that I would reyjew the
records in question on the next day at his place of business. Further in51>ectjon of the waste
application field resulted in the observation that no wheat crop bad been established on the field
after the irri&ation event and that no waste sample had been collected within the required time
(60 days prior to or after an irrigation event). A review of the missing irrigation records on
March 14.2002 confirmed that only 198.000 gallons ofthe 600.000 &allons were accounted for
in his calculations.
31. What is the prior record of the violator in complying or failing to comply with programs over
which Environmental Management Commission has regulatory authority?: Mr. Pearsall has
been co-operative at all times with the inspections agencies and no major violations have eyer
been noted.
32. What is the cost of the enforcement procedures?:
Regional Costs are as follows:
Mileage: $0.23 per mile for I 00 miles:
Robert Heath@$ 20.01/hr
3 hours-Drive Time (two (2) trips)
1 .5 hours -Investigation
8 hours -Report Development
hours 12 .5 total
Paul Rawls @ $ /hr
hours -1 total
Central Office Review
$ 23.00
$ 60.03
$ 30.01
$ 160.08
$ 250.12
$ 31.87
$ 100.00
Total $ 404 .99
Page4
33. Type or general nature of business: Swine. Feeder to Finish
34. What is the violator's degree of cooperation or recalcitrance:
Mr.Pearsall has been co-operative with the inspectors durin~ all inspections and no major
violations have been identified until this year, The inspection in 1999 re.ported that after 4 years
ofoperation. no waste application had occurred according to the records for the farm and the
la~oon was suSl)ect ofleakin~. It should be noted. however. that problems of this type are vezy
hard to identify due to the minimal amount of records required to be maintained,
35. Are there any Mitigating Circumstances?: N.Q
36. Assessment Factors: D.QM
37. Include a copy of any Desbmation Jetter signed by the Director.
38. Recommendations Made to Owner/Operator:
Immediately begin ke<qlin~ accurate lagoon level records,
Immediately collect a waste sample of the la~oon,
Immediately contact a technical specialist to arnmend your CAWMP for the correct crop.
Insure that all irrigation is recorded immediately to prevent future mistakes,
Calibrate your irrigation equipment for accurate gallons per minute calculations,
39. Recommendations for further DWQ Action:
-Notice of Violation (Forwarded March 26. 2002)
-Enforcement Action
-Reinspection
40. Other Comments: In surnroruy. it is the opinion of this writer that the owner of the facility has
intentionally failed to record the irri~ation events conducted this fall and winter due to not
having established the required crop and due to his failure to collect the required waste sample,
The records produced on March 14. 2002 were not accurate since be had not recorded them at
the time ofthe irrigation event It is possible that this was the first incident of not reporting his
irrigation events but it is just as possible that this problem has been missed by the DWQ and
the DS&W on previous inspections,
March 30~ 2002
Paul E. Rawls
North Carolina Department of·
Environment and Natural Resources
225 Green Street-Suite 714
Fayetteville~ NC 28301-5043
Dear Mr. Rawls:
r-..... -·
i : ' . . . ~ : . . . -·-______ ...___,..,...
r APR 3 2002 1
I I L ---. ---____ __! r-· • -~ ~ . _, ·-.
.. \.-------·-----· .....
I am submitting the facility records that were requested from your letter
dated March 26, 2002. Please find included with this letter [I] weekly lagoon
freeboard records [2] IRRl and IRR2 forms [3] waste samples and [4) waste
management plan with lagoon design.
I strongly disagree with the idea that my facility wrongly discharged waste
in November of2001 on sprayfields in an intentional manner. On my behalf,
I would like to take this opportunity to explain some of the purposed
violations. On the matter of not extablishing a crop (wheat) on which waste
application was applied fell to a change in plan, not on my part but on the part
of the farmer who leased the sprayfields on which my waste management
plan is designated. The fanner found nematodes on the fields which made it
necessary for him to rotate the purposed winter wheat to spring com . ·This
was a non-communication between him and myself in which case I was not
aware wheat would not be planted within 30 days of my waste application.
Please see included with this letter new waste management plan with com as
part of the plan.
As for the other violation, I take full responsibility of neglecting to collect
a waste lagoon sample in the proper 60 day waste application time frame. I
now also understand the importance of adequate record keeping at the time of
waste application instead of taking care of records when it is more convenient
for me to do so. I feel this is the reason for the discrepancy in the
~ . ·'
., I ' ;r'-/ . I
/
Paul E. Rawls
Page2
March 30; 2002
nwnber of gallons irrigated and the amount of freeboard shown on the
freeboard lagoon log. This was merely a neglect of adequate
record keeping at the time of circumstance.
I believe that you will find my previous inspection records to be in good
standing and I am committed again to having my inspections show a well-
maintained farm facility.
Sincerely,
' ~1/ / /' d· ttY~ /~.c~r.__---r
J. Elbert Pearsall
2/25/02
raste Code:
LS
't1scrlptlon:
Waste Analysis Report
Total
IN-N
-NI/4
-N03
OR-N
Pann:
CDAA ,.
as /e Code:
s
·scrip tion :
in c
Grower: Elbert (Joe )
Waste Analysis Report
997 Simm ons Rd.
Clint on , NC 28328
Fann:
Samp son Coun ty
To tal 252
IN-N
-N/14
-NOJ
OR ·N
P 205 K20
0.53 7.9
Ni Cd Pb· Se Li
·coA
Waste Analysis Report
2/23/01
Total 257 30.2 1210 91.9
IN-N
'Is le Code: ·NH4
s ·N03
·scription: OR·N 391
Fann:
2.80 0.52 0.52
7.78
0.30
Copies To : Cou nty Extension Dire cto r
USDA·NRC S-Sampson
.•
..
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Eatlae Tu
Tax Lot No. l'arc el ldentllit>r Nu.
Verlted bJ .. . . Counl)' on lhP. day of . . : .............. lt .......... .
bJ .. ··········· ...... .
Mall after reeordlna to . Hr. and Mrs •. Joe E 1 bert · Pea rsa 11
Thl1 lnatrument wall prepared by
Brief deacrlptlnn fnr the lndt!x ·
Harry M. Lee,_Attorney at Law, Cl1nto~. Korth Carolina 28328
l Halls Township; 6.08 acres
NORTH CAROLINA GI~NEl~AL \V1\I~RANTY DEED
THIS VEED made thla 6th day of. _January
GRANTOR
CLYDE BRADSHAW and wtfe, ·
NAHCY LEE BRADSHAW
of Sampson County,
North Ca rolf na
, 1!1 94 , hr unll between
tatANTEE
JOE ELBERT PEARSALL and wtfe,
LOIS B. PEARSALL
of Sampson County,
North Ca ro 1i na
F.ntt'r Ill apprnprlal• blorta . for .. rh party : namr, addrno, and, II apprnprlalt', rhararlrr of rnlll)', •.q. rnrporallon or pu&MI'atalp.
Tbe deelrnaUon Grantor aud Grantee oe u11ed herein 11hnil Include uld p u rtle11, their he lre, 11ucceaeon, and aaal1n1, and
1hall Include llnrular, plural, mucullne, feminine or neute r n11 refiUired b y c ontext. ·
WITNESSETH, that ttie Granto r, f u r a \'Ri u n hle cutul!d e rntln n pnld by t he Grantee, the receipt of which 11 hereby
aelr.nowledaecl, haa and by thue pre11ente doe11 ~rrnnt, ba r ~ra l n , 11ell and convey unto the Gra ntee In fee almple, all that
ttrtaln lot or pareel of land· 111tunte;l in the Cit)· 41( Ha 11 S . Townehlp, ·
...... SampSOO.. .... Cu unt)'• Nnrth Carullnu and mnre parllculurly diPIIrrlbed u foll ow•:
FOR DESCRIPTION OF PROPERTY, SEE SCHEDULE "A " ATTACHED HERETO,
INCORPORATED HEREIN AND BY REFERENCE MADE .A PART HEREOF.
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I, CNMUI t.. MATTHIS ClltTIJf THAT THIS lift I' lllf:CTS fNt N.C ST.t!CitltOS
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AIIRlVIATIONS :
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1 .1.• • r•srnr111 11110. ""
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ID B ~H PG 1811
~O f NO I
"~111'11-A POitTIOII OP
GlOI!Gl T IIIAOSN AW UTATI
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W. I U 1'0.01
MAP OF
-=-JOE E. PEARSALL
AND WIFE --==--LOIS B. PEAS ALL
LAND
VOl1175 .lt.GF ~)15
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CLYDE BRAOSHAW ...... ,.
NAHC't' U:£ IRAOSHAW
O.t .IJI 1'1.411
HALLS TOWNSHIP, SAMPSON COUNTY 1 NORTH CAROLINA
..
. 12& -...,g 100 200 we>
GRAPHIC SCALE :liNCH •IOOFEET
CHARLES l. MATTHIS SURVEYING, P. A,
IICOitTIIICD LAIIO IUIIVUOit
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SCHEDULE "A"
.·
·BEGINNING at an 1ron pipe designated as Corner No. 1 on that map herein-
·. after referred to .(all .numb.ered corriers ·referred to herein are as shown on said
map), said iron pipe being located South 11 degrees 37 minutes 13 seconds West
350.00 feet, South -11 degrees 37 minutes 13 seconds West 430.79 feet, South 02
·degrees 52 minutes 32 seconds East 342.16 feet and South 20 degrees 09 minutes
40 seconds West 216.92 feet from an existing concrete nail designated as Corner
No. 1~ tn the center of State Road No. 1819, Corner No. 11 being located
South 81 degrees 02 minutes 47 seconds East 617.87 feet from a PK nail in the
center of said road over a 24 inch concrete pipe culvert installed beneath
said road, said concret~ pipe culvert being located 0.5 miles: ~asu_red. in a
westerly ·direction from the intersection .of State Road No. 1819 with State Road
No. 1817; and runs thence from. Corner No. 1, so located, as follows:
1. Along the dividing line beiween this tract and the lands of Clyde
Bradshaw and wife, Nancy Lee Bradshaw South 00 degrees 11 minutes
33 seconds West 541 .29 feet to an iron pipe designated as Corner
No . 2 in the line of the Thomas H. Bradshaw lands; thence
2. Along the Thomas H. Bradshaw property line North 86 degrees 43
minutes 58 seconds West (crossing over an in-line existing iron pipe
designated as Corner No. 3 at 268.35 feet) 358.55 feet to an existing
iron pipe _designated as Corner No. 4; thence ·
3. Continuing with the Thomas H. Bradshaw property line North 86 degrees
42 minutes 31 seconds West 181.83 feet to an iron pipe designated
as Corner No. 5; thence
4. Again with Thomas H. Bradshaw's property line North 86 degrees 45
minutes 04 seconds West 14.74 feet to an iron pipe designated as
Corner .No. 6, a corner ~ith the Clyde Bra~shaw property; thence
5. Along the Clyde Bradshaw property line North 00 degrees 42 minutes
08 seconds East 435 .94 feet to an iron pipe designated as Corner No.
7; thence .
-6. Again with the Clyde Bradshaw property line South 83 degrees 31 minutei
27 seconds East 280 .66 feet to an iron pipe designated as Corner No.
8; thence · ·
1. Again with the Clyde Bradshaw property line North 13 degrees 30 minutes
37 seconds East 116.12 feet to an iron pipe designated as Corner No.
9, a corner with Kenneth Dwight Bradshaw's property; thence
8. Along Kenneth Dwight Bradshaw's property line South 88 degrees 13 minutes
27 seconds East 244 .81 feet to the BEGINNING,
containing 6.08 acres, more or less, as shown on that map entitled: "Map of
Joe E. Pearsall and wife• Lois B. Pearsall Land," prepared by Charles L. Matthts
Surveying, P. A., Registered land Surveyor, dated August 23, 1993, a copy of said
map being attached hereto, incorporated herein and by reference made a part hereof.
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NCDENR
North Carolina Department of Environment and Natural Res ources
Michael F. Easley, Governor William G. Ross Jr .. Secre tary
Gregory J. Thorpe , Ph.D.
March 26, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Elbert Pearsall
997 Simmons Road
Clinton, NC 283 28
Subject: Notice of Violation/Notice of Intent
Pearsall Farm
Facility No. 82-619
Permit No. A WS820619
Sampson County
Dear Mr. Pearsall:
Acting Director
Divis ion of Water Quality
You are hereby notified that, having been permitted to have a non discharge pennit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to
be in violation ofyour 2H .0217 Permit
On March 13, 2002, stafffrom the Fayetteville Regional Office of the Division ofWater
Quality performed a routine inspection of the Elbert Pearsall Farm in Sampson County. The
inspection revealed that the waste application had not been established in the winter crop {wheat)
as required by the CAWMP. In addition, waste application had occurred in November 2001, and
no waste samples had been collected within 60 days of the application. Irrigation records
(IRR-2 forms) indicated that approximately 198,000 gallons had been irrigated in No vember,
however, lagoon level records for the period illustrate that approximately 500,000 to 700,000
gallons were removed.
The Division ofWater Quality requests that the following item(s) be addressed:
1. Submit the previous 12 months ofweekly freeboard records for the facility.
2. Submit the previous 12 months ofiRR-1 and IRR-2 forms for the facility .
215 GRE E~ STREET-SU ITE 714 J SYSTE L BUILDING! FAY ETTE V I LLE. SC 2&30!-50.!3
PHONE (910) ~86 -1 5 41 FAX (910) .18 6-0707 WW\\' ENRSTATF.SClJS/EN R/
A:-.1 EQU . .>. L OPPORTUN ITY I AFFIR:'-!A T IV E ACT ION Ei\IPLOYER -50% RE C Y CLED/! 0% POS T C O:\SU~t ER PA PE R
D ENR TOLL FREE HOTLI1'0E : 1·377 -623-6748
Mr. Elbert Pearsall
Page 2
March 26, 2002
3. Submit the waste samples for the previous 12 months for the facility .
4 . A copy of theCA WMP for the facility , specifically the lagoon design and the WUP .
Failure to comply with the above condition(s) may result in the facility losing its General
Permit and being required to obtain an individual non discharge permit for the facility .
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. You are hereby notified that
based on the above information, the Division of Water Quality is considering forwarding
recommendation to the Director for consideration of enforcement for this violation. Furthermore,
the Division of Water Quality has the authority to levy a civil penalty of not more than $25 ,000.00
per day per violation.
If you have an explanation for this violation that you wish to present to this office, please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendation for enforcement. This response should received by this
office on or before April 18.· 2002.
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation forwarded to the Director with the enforcement package for his
consideration.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. Bob Heath, Environmental Specialist, at (91 0) 486-1541 .
RFH!bh
cc: Steve Le\\-is -Compliance Group .
Wilson Spencer-Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Glen Clifton-Prestage Farms
Central Files-Raleigh
Sinderely, /
;' ( .• I ,// / .·\v I /\ / r , 1 1 /
' . \ :: / J / \ . ,i •' y .\ . \! \ ,.,..---.'\
Pa\11 ~·Rawls
Water Quality Regional Supervisor
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mai lpiece,
or on the front if space permits.
1. Article Addressed to:
1· ; Mr Elbert Pearsall
997 Simmons Rd
Clinton NC 28328
82-619
D. Is delivery addn;lss different from item 17
If YES, enter delivery address below:
0 Express Mail
3. ·Service Type
XlXI Certified Mail
ORegistered
·.· b Insured Mail
0 Return Receipt for MerchMdise
oc.o.o.
4. Restricted Delivery?~~~.,
· ~ ~ E i ~ ! : . : · ; . . . ~ · ·
'\ . I I ! • ; ; • ' • i i ~ ; ; f i { ; i ; . i · _) t _ . ·-.
2.10
A ~tum Ro?:ceict F~ ~ tET>Cc:-r;err.!lnt R"''""e;j; ~----.:.1..:.•..:.5:....0:.__.
CJ Rcstnc:!ed C.eln:e!\' F-::e
r:::J 1Endofsemen: fi9Qo.Ji mdl ~---·------1
CJ
CJ
3.94
P<><t marl<
Hef d
-......
'
::r N:Jme (P~t CIF:a rl)'1 {:c be <xrr.O:ct~;l by m.ai~fJ i
m Mr Elbert Pear.sa1L ............................................ 1
o-'Sir e~:. ·;pr No.; 0' pe·ac,~ N'J . I
tr 997 Simmons Rrl ........................................ · a , ·c;;y:·s-f8,-.;:zi?::i························· ....... ·
r-' Clinton NC 28318
0 Yes
Type of VIsit il C omplian ce Inspection 0 Operati on Re vi ew 0 La goon Evaluation
Reason for Visit • Routin e 0 Co mpla int 0 Follo w u p 0 Emerge ncy Noti ficati on 0 Othe r 0 Denied Access
l<acility Number l &Z H C/ 9 J Date 11f Vi~it: I 1/!3/.oJ Time: I .] ~ &.1'"'0
L __ :.,:=~.:..:.:==~.:::::::~:_~::::;::;:::::: ___ j_ IO Not Operational 0 Below Threshold
• Permitted g C ertified [J Conditionally Certified [] Registered Date Last Oper ated o r Abo,,e Threshold:
County: __ S:...l.oiiA~'"C~L:..·SC~.:'::.oc&=-------
Phone No: --"'~"'-~;;;.....c...P:_-_0-=~:;..;;?""'-'/-----
Farm Name: £/6uf ~~ ~
o-wner N a m e: E/kc Jl_«tt=...L,_.f2Po...u..:O=Y-· ------
Mailing A ddress: --~.-.7 ........ 9"""7___,J=-.--....... '.Le.Ol~·c=-\4=>6.o!o.c:d:.....· r..__,£'-". ""''fCI.d:..>.c-r-·· __ ...... &.~~ e:..G"-""""'..v~,,;-· ~tV=-c=';;........_-'-;J..-'-~:;._3_?$'-"-___ _
'I D ,;/ I
Fadli~· Contact: £/(/&&{= !;;~ Title:----------Phone No :---'-------
Onsite R e pre$entati\'e: £/b~ &e.r»-1/ Integrator: _ _._~ ..... t?:..:::~=,....,. ... ·-_._b.;_:.,,c..:.'L=-L,6_~.::..:..:::.:::~::.::_.;;;_,.., __ _
C ertified Ope rator: -~L'-'c;..:.2:.:/../~· --'-8-=·=-::;..,'"'1:...<~.ptl=£
L O<'ation of Farm:
Operator C ertificatio n Number :
0 Swine 0 Poultry 0 Cattle 0 Horse La titude ...__._~I• ~.--1 --'1• '-l _ __.I" Lo ngitude L-___,1• ._I --'1· ._I _ _.I"
Dis charges .£;. £ttu.m. lmoac ts
I . Is a ny d isch arge o bserved from any pa rt of the operation ?
D ischa rge o ri g inated a t : 0 L a goon 0 S p ra y Fie ld 0 Other
a. I f di scharg~ is observed . was t h e con veyance man-made?
b . If d ischarge is obscn·ed, d id it r each Wat er of th~ S tate ? (If y es. noti fy DWQ)
c . If d ischar ge is o bscr vcd, w hat is t he e stimah:d flow in gal/mi n ?
d. Does discha rge h y p as s a lagoon s ym•m? (I f yes, no ti tY DWQ)
2. h t h er e eviden ce of p ast di schar ge fro m any part nf th e o p t:r a ti lm'!
3. Were th e r e any adverse impacts or potential a d vers ~ im pacts to th e Waters of the S tate other th an from a discharge?
W aste Coll ection ~T r ea t ment .
4 . Is s torage capacit y (freeboar d p lu:; s torm stora ge) le ss th an adequa te"' 0 Spillwa v
ldcntilicr:
Freeboar d (i n.:hcs):
0 510.1101
Structure J Strut iUrc 2 S tructu re 3 S tru ctur e 4 S tructu re 5
DYes .8)No
D Yes 18J No
DYes g No
0 Yes ~·No
D Yes ~No
D Yes r;iitNo
D Yes IE"No
S nucture 6
Co ntinued
\
\
\
\
\ ' v
~ilit}' Number: fZ. -c::/91 Date of ln.~pection
5. Are there any immediate threats to the into:grity of any of the structures observed? (ie/ tree s, s evere eros ion,
seepage, e tc .)
6. Arc there structures on-site which are not properly addressed and/or managed through a wa st e management or
closure plan?
(If any of questions ~ was answered yes, and tbe situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than \\·aste structures require maint en ance /improve men t ?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liqu id le v el
elevation markings?
Waste Application
I 0. Are there any buffers that need maintenancc/impro\'ement?
I 1. Is there evidence of over application? D Excessive Ponding D PAN D Hydraulic Overl oad
12. Crop type 5..?U'kdfA!~ u..in-L
13. Do the receiving cr{p; differ wit( those designated in the Certified Animal Waste Manageme nt Plan (CA WMP)?
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is pcnded for a wettable acre detennination?
15. Docs the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily availa ble ?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan r e adil y a vai lable?
(ie/ WUP, checklists, desigp, map.}, etc.)
V ·v V ..7 ....--
19. Does record keeping need improvement? (i~ freeboar " ·'
20.
2 I. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance ofthe Certified AWMP?
.,..
D Yes Qi'No
DYes )8{'No
D Yes )XNo
DYes ~N o
DYes pij No
DYes Pi} No
D Yes ~N o
DYes j&1No
DYes O'JNo
DYes PtNo
DYes p;J'No
DYes DNa
DYes ~N o
DYes )i;JNo
DYes ~N o
,E:J Yes 0 No
DYes ~0
0 Yes rfSJ No
DYes ~No
DYes ~No
DYes ~No
DYes ~N o
No violations or deficiencies were noted duriog tbis visit. You will receive no furtber correspondence about this visit
Re"·iewer/lospector Name
Reviewer/Inspector Signature:
05103101 z
t-./~~ ~/,c!~~__.j_
Continued
......
r·acility l'liumber: ..-&~ -?/"ll Oat~ of Jospection l.l/_._:.r/h~l
I
Q.W![ l.rnw
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharg e at/or below
liquid level of lagoon or storage pond with no agitation?
2 7. Are there any dead animals not disposed of properly u-;thin 24 hours?
28 . Is there any evidence of wind drift during land application? (i .e . residue on neighboring vegetation, asphalt.
roads, building structure, and/or public pro perty)
29. Is the land application spray system intake not located near the liquid surface of the lagoon ?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e . broken fan belts, mi ssing or
or brokrn fan blade(s), inoperable shutters, etc.)
31 . Do the animals feed storage bins fail to have appropria_te cover?
32 . Do the flush tanks lack a submerged fill pipe or a pennanent/tempora.ry cover?
·-~-
05/03101
,.00 Yes 0 No
DYes ,lla No
DYes Q0No
D Yes El:No
D Yes ~No
DYes l81 No
DYes ~0
LAGOON FREEBOARD & AVAILABLE STORAGE CAPACITY LOG
:~ A! 910 592 955 2 ~10:\ 09 -3 f
Elbert Pearsall La ·,: goon L~:Vels 2001-2002 YTD
2000
6-Jan
t3~Jan
20-Jan
27-Jan
3-Feb
10-Feb
17-Feb
24-Feb
3-Mar
10-Mar
17-Mar
24·Mar
31-Mar
·· 7-Apr
14-Apr
21-Apr
28-Apr
5-:May
12-May
19-May
· 26-May
2-Jun
9-lun
16-Jun
2.3-Jun
30-Jun
7-Jul
14-Jul
21-Jul
28-Jul
4-Aug
11-Aug
18-Aug
25-Aug
1-Sep
8-Sep
15-Sep
22-Sep
29-Sep
6-Qct
13-Qct
20-0ct
27-0ct
3-Nov
10-Nov
17-Nov
24-Nov
I-Dee
8-Dec
15-Dec
22.-Dec.
29-Dec
38
38
38
38
35
35
35
34
36
34
34
34
34
33
34
33
33
34
36
36
36
31
43
43
40
43
43
43
40
n/a
43
43
40
35
33
31
32
35
32
33
n/a
31
35
34
34
33
45
45
45
44
45
45
2001
45
45
40
36
34
33
32
30
34
36
35
35
36
35
35
PRESTAGE HRltS 141001
~ost-it• Fax Note . 7671
To~ Frcm G . Ct;.JF7oJI
Faxt l
• -
:orm IRR-2
S e~f -7 /f;r,·J
Lagoon Liquid lrriyation Field Record
One Form for Each Field Per Crop Cycle -c:)u1-1e... -? Ac~J'iff.
Tract#
Field Size (acres) = (A)
Farm Owner
17-5?703 I
I~.-;
0. €.-fberf
Field# I s-Facility Numberj ..... _&=-'--:2_-_fo~/.....:.9 __ ___, J
Peorsa I I
Owner's Address
Owner's Phone#
Irrigation Operator I L. /e_q,,.. .sa_ 1 (
Irrigation Operator's .
Address r-----------------------------~ Operator's Phone#
(1)
Date
(mmldd/yr)
1-13-ol
l -:7,-:-.o l
JI-J /-01
~------------------------------~
From Animal Waste Management Plan c::{5; y k~;; M' 2 .2. /)j . / w-4J= 7 6 I j.J,
I Recommended PAN I / j/ /)' /
Loading (lb/acre) =(B) 'f~ lh.s. r II A) /9ci!.IE
(2) (3) (4) (5) (6) (7) (B) (9) (1 0) " (11)
Irrigation l.f.rn"" R-e_Dnc!-IJJ"Ku:l-'7 h . 0
Start Time End Time Total Minutes # of Sprinklers Flow Rate Total Volume Volume Per ~ I PAN Applied Nitrogen Balance l
(gallons) Acre (gallac) Waste Analysis (lb/ac)
(hr:min) (hr:min) (3). (2) Operating (gal/min} PAN (lb/1000 gal) (lb/ac)
(4) IC (5) IC (6) (7) +(A) {(8) )( (9)} + 1,000 (B)-(10)
{.;;_ • .L 3-01) 7.Uj ~77ta.o
~ ;, ~A?-1 9.¢0 I J-75" .J. 3/ (')Qt) /,}, 35"!> l~ I /h};CtX> J 3~ lo h.;, L/ ~
' '
( 9.-tO-ol ) c.Y; •hf1u/tf. 7.:<,D
~.A~_, I ier?/ 7.Jn I d-75 /9~ (XX) /() r.::x> ~ /. / /b /1o00 I/, t., I= t,n. '-/-
' I
I ; !. o _.-.:t -· P lo ""e ol
.$_~ tPJ _{ 7cJ.O I d-75' !Cffl oa::J ;o s~g /,/ /b,/;OCJCJ (I, to . !o J..(I '*
7 so.~
..
Crop Cycle Totals
Owner's Signature ---------------------
Certified Operator (Print) fo /J fJea r.5ttl I
Operator's Signature --------------------------------
Operator Certification # /1 w !l ;< 2 6 (:, .2.
; See your animal waste management plan for sampling l'tequency. At a minimum, waste analysis Is required within 60 days of land application events.
• -..• ·-"·-··-• ... ----•··•-' '-·· ....... ~~""" ~~•"-" t1n\ frn.., lA\ r.nntlnm• !lllhlnu:tlnn r:nlumn UOl from column (1 1l followlna each BDDIIcatlon event.
Form IRR-1 Lagoon Liquid lrriyalion Field Record
For Recording Irrigation Events on Different Fields
Farm Owner I t-::.~6 e?t ~0~ 54 II
Spreader Operator L /JW:a (/ Facility Number I ;:?..2.-~ /Cj
Tract# Field # Date Crop Type Field Size Irrigation Time
(mm/dd/yr) (acres) Start Time End Time Total Minutes
~ ZCJo3 s-1-/J...()/ r.df{ud J )1. 7 tl IAJf1.. 'f ..2.0
t99o3 5 1-13-l> I ~ Jg, 7 b~ /19)-0 <fM
-'?( 'f75
--r ~c (_).3 .5 ~-,l.CJ.() I )I'll !:)(> {;" < /,(,>. 7 Jff i_O~ J~o
/19D.3 -0-Jo -ol \,~1., !)l"f//1'. ;9. 7 gp ).,11 3i:Jn .5
! '7 ,/_ C)
~
7'RCJo3 s-;/.;f.ol uJ tu.:J--. '' /6'.7 glf <i!:f ?..z.o
flt:tr'\1'\~·()A..
Number or
Sprinklers Operating
I
I
I
j_
I
• .
.
i .... -'
Michael F. Easley
Governor
! I -
DEC I 2 3102 WiUiam G . Ross Jr., Secretary
Department of Environment and Natural Resources
i
'----·--
Alan W . Klimek. P.E. Director
Division of Water Ouality
December 6, 2002
CERTIFIED MAll.. Mr. Elbert Pearsall
997 Simmons Road
Clinton, NC 28328
RETURN RECEIPT REQUESTED
SUBJECf: Assessment of Civil Penalties
for Permit Condition Violations
Farm# 82-619
Sampson County
File No. PC 02-009
Dear Mr. Pearsall:
This letter transmits notice of a civil penalty assessed against the Elbert Pearsall Farm in the
amount of $2,904.99 which includes $404.99 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice , you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources . Pa:yment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27 699-1617 lr'A --------------------------------------------------NC~NR
Customer Service:
1-877 ·623·67 48
Mailing Address:
16 17 Mail Service Center
Raleigh, North Carolina 27699-1617
Telephone [phone]
Fax (919} 733·0059
State Courier #52-01·01
An Equal Opportunity I Affirmative Action Employer
50% recycled I 1 O'?i. post-<:onsumer paper
http://h2o. enr.state.nc. us
Location:
512 N . Salisbury St.
Raleigh, NC 27699-1617
2. Submit a written request for remission or mitigation including a
detaiJed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there _are no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.l(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
wlr. Steve Lewis
D\VQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Submit a written request for an administrath:e hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand-deliver a copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or Ms.
Linda Fitzpauick at [phone], ext. 526.
JKW/scl
A IT ACHl"vlENTS
Sincerely,
fg;;/~· .
A Kent Wiggins, Act ing Supervisor ?~~on -Discharge Compliance and Enforcement Unit
cc: Paul Ra\',rls, Fayetteville Regional Supervisor w/ attachments
Bob Heath, FRO w/ attachments
P~"lil . Shennan, FRO w/attachments
File # PC 02-009 w/ attachments
Central File s w/ anachments
Public Information Officer w/ attachments
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF ---"'S~AM=P~S=O=N...:...._ ____ _
IN THE MATTER OF ASSESSMENT
OFCnnLPENALTIESAGAINST
PERMIT NO. A WG 100000
)
)
)
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARL"'IJG AND
STIPULATION OF FACTS
FILE NO. PC 02-009
Having been assessed civil penalties totaling _____ ...,$::..::2:::.1."'-904.:::....:..;·:..:::9~9 _______ for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, December 3, 2002 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above-stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the--------day of ___________ , 20_
SIGNATURE
ADDRESS
TELEPHO~c
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MA ITER OF
ELBERT PEARSALL
FOR VIOLATIONS OF
GENERAL PERMIT A WG 100000
)
)
)
)
)
)
)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC 02-009
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENAL TIES
Acting purs~ant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent
Wiggins, Acting Supervisor of the Non-Discharge Compliance and Enforcement Unit of the
Division of Water Quality (DWQ), make the following:
I. FINDINGS OFF ACT:
A. Elbert Pearsall owns and operates the Elbert Pearsall Farm, a swine operation in
Sampson County.
B. Elbert Pearsall was issued Certificate of Coverage A WS820619 under General
Permit AWGlOOOOO for the Elbert Pearsall Farm on October 26, 1998, effective
October 26, 1998, with an expiration date of April 30, 2003.
C . Condition No. ill. 5. of the General Permit states in part that "Records, including
land application events and removal of solids to an off-site location ·records, shall
be maintained by the Pennittee in chronological and legible form for a minimum
of three years. These records shall be maintained on forms provided or approved
by the DWQ and shall be readily available for inspection."
D . On March 13, 2002. DWQ staff inspected the Elbert Pearsall Farm. Land
application records and freeboard records were reviewed during the inspection.
The records showed a freeboard level of 32 inches on November 4, 200 I and a
level of 44 inches for November 11, 200 I . Based on the lagoon design , this is a
difference of approximately 480,000 gallons of waste. The irrigation records for
the fann only account for 198,000 gallons of waste which was applied on
November 11, 2001 .
E. Condition No. I. 2. of the General Permit incorporates by reference the Certified
Animal Waste Management Plan (CAWMP) for a facility and states that any
violation of the CA WMP shall be considered a violation of the General Permit. A
waste utilization plan (WUP) is a required component of the CAWMP. The WUP
for the Elbert Pearsall farm specifies that wheat will be planted in all fields in the
fall.
F. Condition No. n. 2. of the General Permit states in part that "A vegetative cover
shall be maintained on all land application fields and buffers in accordance with
the CAWMP."
G. During the March 13th inspection, staff observed that wheat had not been planted
in the field to which waste was applied on November 11 !h. Staff observed that
there was no vegetative cover in the field.
H. Condition No. ill. 6. b. of the General Permit requires that the pennittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no ca.Se more than 24 hours following fust know ledge of the occurrence of any
failure of the animal waste treatment and disposal system that renders the facility
incapable of adequately receiving, treating or storing the animal waste and/or
sludge.
I. The Fayetteville Regional Office did not receive a report from Elbert Pearsall
regarding the application of waste to a field with no vegetative cover.
1. The costs to the State of the e nforcement procedures in this matter totaled
$404.99.
Based upon the above Findings of Fac t, I make the following:
ll. CONCLUSIONS OF LAW:
A. Elbert Pearsall is a "person " within the meaning of G.S. 143-2 15.6A pursuant to
G.S. 14 3-212(4).
B. A permit for an animal waste management system is required by G.S. 143-2 15 .1.
C. Elbert Pearsall violated Condition No. ill. 5. of General P ermit No. A WG 100000
by failing to m ain tain r ecords of all land application events between November 4,
2001 and November 11 , 2001.
D. Elbert Pearsall violated Condition No. IT. 2 . of General Permit No. AWG 100000
by applying waste to a land application field with no vegetative cover.
E. Elbert Pearsall violated Condition No. ill. 6. b. of General Permit No.
A WG 100000 by failing to report that waste had been applied to a land application
field with no vegetative cover which is a condition that rendered the facility
incapable of adequately treating the animal waste.
F. Elbert Pearsall may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Elbert
Pearsall pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
H. The Acting Supervisor of the Non-Discharge Compliance and Enforcement Unit.
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Dep~ment of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Ill. DECISION:
Elbert Pearsall is hereby assessed a civil penalty of:
$ _ _.......,2"}<-....::....d_d __ _
s 404.99
for violation of Condition No. III. 5. of the General Permit
by failing to maintain records of land application events
for violation of Condition No. D. 2. of the General Permit
by applying waste to a land application field with no
vegetative cover
for violation of Condition No. III. 6. of the General Permit
by failing to report that waste had been .applied to a land
application field with no vegetative cover thereby rendering
the facility incapable of adequately treating the animal
waste
Enforcement costs
TOTAL A!\-IOUI'I"T DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
(D te) ent Wiggins, Ac · Supervisor
1 on-Discharge Comp iance and Enforcement Unit
Division of Water Quality
!
I
I
i
I DEC I 2 2002 Michael F. Easley.
Governor
i
I L William G. Ross Jr., Secretary
Depa.rtrnent of Environment and Natural Resources
L_._, ·-· Alan W. Klimek, P.E. Director
Division of Water Quality
December 6, 2002
CERTIFIED MAIL Mr. Elbert Pearsall
997 Simmons Road
Clinton, NC 28328
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties
for Permit Condition Violations
Farm# 82-619
Sampson County
File No. PC 02-009
Dear Mr. Pearsall:
This letter transmits notice of a civil penalty assessed against the Elbert Pearsall Farm in the
amount of $2,904.99 which includes $404.99 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
-------------------------------------------~~
Customer Service:
1·877 -623-67 48
Maifing Address:
1617 Mail Service Center
Raleigh. North Carolina 27699-1617
Telephone [phone]
Fax (919) 733·0059
Slate Courier #52-01-01
An Equal Opportunity I Affirmative Action Employer
50% recycled I 10% post-consumer paper
http://h2o. enr.state. nc. us
NCDENR
Location:
512 N. Salisbury St.
Raleigh. NC 27699-1617
2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there ~e no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.l(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions .
Please s ubmit this information to the atte n tion of:
Mr. S t eve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3 . Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment , you must reques t an
administrative hearing. This request mus t be in the form of a written petition to the
Offi ce of Adminis trati ve Hearings and must conform to Chapter 150B of the North
C a ro lina General Sta tutes. You mus t file your original petition w ith the :
Office of Administrative Hearings
6714 Mail Sen.:ice Center
Raleigh , North Carolina 27699-6714
AND
Mail or hand-deliver a copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General 's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions , please contact Mr. Steve Lewis at [phone], ext. 539 or Ms.
Linda Fitzpatrick at [phone], ext. 526.
JKW/scl
A TI ACHMENTS
Sincerely ,
Z7~. ~ .
Kent Wiggins , Acti ng Supervisor
Non-Di sc harge Compliance and Enforcement Unit
cc: Paul Rawl s, Fayetteville Regional Supervisor w/ attachments
Bob He ath , FRO w/ attachments
•Paul Shennan, FRO w/attachments
File # PC 02-009 w/ a ttachments
Central File s w/ attachments
Public Information Officer w/ attachments
STATE OF NORTH CAROLINA ENVIRONMENTAL MA1~AGEMENT
COMMISSION
COUNTY OF --=S.:....:AMP=-=S-=O~N'-------
IN THE MATTER OF ASSESSMENT
OFCnnLPENALTrnSAGMNST
PERMIT NO. AWGIOOOOO
)
)
)
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING A:.'ID
STIPULATION OF FACTS
FTI..E NO. PC 02-009
Having been assessed civil penalties totaling $2.904.99 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated. December 3. 2002 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above-stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersign.ed further understands that all evidence pres ented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assess ment. N o new evidence in suppo rt of a r e miss ion
request will be allowed after thirty (30) days from the re c e ipt o f the c i vil pe nal ty as sessment.
This the--------day o f -----------' 20_.
SIGNATURE
ADDRESS
TELEPHONE
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
1N THE MA ITER OF
ELBERT PEARSALL
FOR VIOLATIONS OF
GENERAL PERMIT A WG 100000
)
)
)
)
)
)
)
NORTH CAROLINA
DEPARTMENT OF ENV1R0Nl\.1ENT AND
NATURAL RESOURCES
File No~ PC 02-009
FINDINGS AND DECISION
A1\lD ASSESSMENT OF
CIVTI...PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, J . Kent
Wiggins, Acting Supervisor of the Non-Discharge Compliance and Enforcement Unit of the
Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Elbert Pearsall owns and operates the E lbert Pearsall Farm, a swine operation in
Sampson County.
B. Elbert Pearsall was issued Certificate of Coverage A WS8206 I 9 under General
Permit A WG 100000 for the Elbert Pearsall Farm on October 26, 1998 , effective
October 26, 1998, with an expiration date of April 30, 2003.
C. Condition No. ill. 5. of the General Permit states in part that "Records, i n cluding
land application events and removal of solids to an off-site location rec o rds, shall
be maintained by the Permittee in chronological and legible fonn for a minimum
of three years. These records shall be maintained on forms provided or approved
by the DWQ and shall be readily available for inspection."
D . On March I 3, 2002, DWQ staff inspected the Elbert Pearsall Farm. Land
application records and freeboard records were reviewed during the in spection.
The records showed a freeboard level of 32 inches on November 4, 2001 and a
level of 44 inches for November 11, 2001. Based on the lagoon design, this is a
difference of approximately 480,000 gallons of waste. The irrigation records for
the farm only account for 198 ,000 gallons of waste which was applied on
November 11 ,2001.
E. Condition No. I. 2 . of the General Permit incorporates by reference the Certified
Animal Waste Management Plan (CAWMP) for a facility and states that any
violation of the CA WMP shall be considered a violation of the General Permit. A
waste utilization plan (WUP) is a required component of the CA WMP. The WUP
for the Elbert Pearsall farm specifies that wheat will be planted in all fields in the
fall.
F. Condition No. II. 2. of the General Permit states in part that "A vegetative cover
shall be maintained on all land application fields and buffers in accordance with
the CAWMP.''
G. During the March 13th inspection, staff observed that wheat had not been planted
in the field to which waste was applied on November 11 lh_ Staff observed that
there was no vegetative cover in the field.
H. Condition No. ill. 6 . b . of the General Permit requires that the permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following first knowledge of the occurrence of any
failure of the animal waste treatment and disposal system that renders the facility
incapable of adequately receiving, treating or storing the animal waste and/or
sludge.
I. The Fayetteville Regional Office did not receive a report from Elbert Pearsall
regarding the application of waste to a field with no vegetative cover.
J . The costs to the State of the enforcement procedures in this matter totaled
$404.99.
Bas ed upon the above F i ndings of Fact, I make the following :
II. CONCLUSIONS OF LAW:
A. Elbert Pearsall is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for an animal waste management system is required by G .S. 143-215.1.
C. Elbert Pearsall violated Condition No. ill. 5 . of General Permit No. A WG 100000
by failing to maintain records of all land application e vents between November 4,
2001 and November II , 200 I .
D. Elbert Pearsall violated Condition No. II . 2. of General Permit No. A WG 100000
by applying waste to a land application field with no vegetative cover.
E. Elbert Pearsall violated Condition No. ill. 6. b. of General Permit No.
A WG 100000 by failing to report that waste had been applied to a land application
field with no vegetative cover which is a condition that rendered the facility
incapable of adequately treating the animal waste.
F. Elbert Pearsall may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a pennit
requiredbyG.S. 143-215.1.
G. The State's enforcement costs in this maner may be assessed against Elbert
Pearsall pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.l{b)(8).
H. The Acting Supervisor of the Non-Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this maner.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Ill. DECISION:
Elbert Pearsall is hereby assessed a civil penalty of:
$_~, "0'--..=.(:::)_d __ _
$ 404.99
for violation of Condition No. Ill. 5. of the General Permit
by failing to maintain records of land application events
for violation of Condition No. II. 2. of the General Permit
by applying waste to a land application field with no
vegetative cover
for violation of Condition No. Ill. 6. of the General Permit
by failing to report that waste had been applied to a land
application field with no vegetative cover thereby rendering
the facility incapable of adequately treating the animal
waste
Enforcement costs
TOTAL AMOU~,-DUE
As required by G.S. I43-215.6A(c), in detennining the amount of the penalty I considered
the factors listed in G.S. 143B-282.1(b). which are: ·
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
(D te) ent Wiggins, Ac · Supervisor
1 on-Discharge Comp iance and Enforcement Unit
Division of Water Quality
i --····· ;
Michael F. Easley
Governor
Lf '·
DEC I 2 3l1l
William G. Ross Jr., Secretary
Department of Environment and Natural Resources . . . . . ...
• -... --.. • ... ~ u
Alan W. Klimek, P.E. Director
Division of Water Quality
December 6, 2002
CERTIFIED MAIL Mr. Elbert Pearsall
997 Simmons Road
Clinton, NC 28328
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties
for Pennit Condition Violations
Farm# 82-619
Sampson County
File No. PC 02-009
Dear Mr. Pearsall:
This letter transmits notice of a civil penalty assessed against the Elbert Pearsall Farm in the
amount of $2,904.99 which includes $404.99 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payme nt of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
------------------------------------------~~
Customer Service:
1-s n ·623·67 48
Mailing Address:
161 7 Mail Service Center
Raleigh. North Carolina 27699·1617
Telephone {919} 733-5083
Fax (919) 733·0059
State Courier #52·01 ·01
An Equal Opportunity I Affirmative Action Employer
50% r ecycled 1 1m' post-consumer paper
http:llh2o. enr.state.nc. us
NCOENR
Location:
51 2 N . Salisbury St.
Ralei gh . NC 27699·1617
2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there ~e no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.l(b)
were wrongfully appHed to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27 699-1617
OR
3 . Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty ass essment, you must request an
administrative hearing . This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You mu s t file your original petition with the:
Office of Administrati ve Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand-deliver a copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions , please contact Mr. Steve Lewis at [phone] , ext. 539 or Ms.
Linda Fitzpatrick at [phone], ext. 526.
JKW/scl
ATTACHMENTS
Sincerely,
g;{/~ . ~ .
Kent Wiggins , Acting Supervisor
Non-Discharge Compliance and Enforcement Unit
cc : Raul Rawls, Fayetteville Regional Supervisor w/ attachments
Bob Heath, FRO w/ attachments
Paul She rman, FRO w/attachments
File# PC 02-009 w/ attachments
Central Files w/ attachments
Public Informa tion Officer w/ attachments
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF ---=::S:..:....AMP=~S~O~N~-----
IN THE MA TIER OF ASSESSMENT
OF CIVIL PENAL TIES AGAINST
PERMIT NO. A WG 100000
)
)
)
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Fll..E NO. PC 02-009
Having been assessed civil penalties totaling -----~$=:2_,_,9'-"04::....!..:..9~9:::..._ _______ for
violation(s) as set forth in the assessment document ofthe Director of the Division of Water Quality
dated, December 3. 2002 . the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above-stated matter and
does stipulate th at the facts are as alleged in the assess ment document.
The undersigned further unde r stands that all e vidence presented in support of remission of
this civil penalty must be submitted to the Dir ector of the Division of Water Quality within thirty
(30) days of receipt of the civil pe nalty assessment. No new evidence in support of a remi s sion
request w ill be allowed after thirty (30) days fro m the receipt of the civil p e nalty as se ssm ent.
This the--------d ay of ___________ , 20_.
SIGNATU RE
ADDRESS
TELEPHONE
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MA TIER OF
ELBERT PEARSALL
FOR VIOLATIONS OF
GENERAL PERMIT AWG 100000
)
)
)
)
)
)
)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC 02-009
FINDINGS AND DECISION
AND ASSESSMENT OF
CNIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I , J. Kent
Wiggins, Acting Supervisor of the Non-Discharge Compliance and Enforcement Unit of the
Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Elbert Pearsal l owns and operates the Elbert Pearsall Fann, a swine operation in
Sampson County.
B . Elbert Pearsall was issued Cenificate of Coverage AWS820619 under General
Permit A WG 100000 for the Elbert Pearsall Farm on October 26, 1998, effective
October 26, 1998 , with an expiration date of April 30, 2003.
C. · Condition No. ill. 5 . of the General Permit states in part that "Records, including
land application events and re moval of solids to an off-site location · records, shall
be maintained by the Permittee in chronological and legible form for a minimum
of three years. These records shall be maintained on forms provided or approved
by the DWQ and shall be readily available for inspection:·
D. On March 13 , 2002, DWQ staff inspected the Elbert Pearsall Farm. Land
application records and freebo ard records were re v iewed during the inspec tion.
The re cords showed a freeboard level of 32 inches on Nove mber 4 , 2001 and a
level of 44 inches for November 11 , 2001. Based on the lagoon design, this is a
difference of approximately 4 80,000 gallons of waste. The irrigation records for
the farm only account for 198 ,000 gallons of waste which was applied on
November 11 , 2001.
E . Condition No. I. 2 . of the General Permit incorporates by reference the Certified
Animal Waste Management Plan (CA WMP) for a facility and states that any
violation of the CA WMP shall be considered a violation of the General Permit. A
waste utilization plan (WUP) is a required component of the CA WMP. The WUP
for the Elbert Pearsall farm specifies that wheat will be planted in all fields in the
fall.
F. Condition No. II. 2. of the General Permit states in part that .. A vegetative cover
shall be maintained on all land application fields and buffers in accordance with
the CAWMP."
G. During the March 131h inspection, staff observed that wheat had not been planted
in the field to which waste was applied on November lllh. Staff observed that
there was no vegetative cover in the field.
H . Condition No. ill. 6. b . of the General Permit requires that the permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following rust knowledge of the occurrence of any
failure of the animal waste treatment and disposal system that renders the facility
incapable of adequately receiving, treating or storing the animal waste and/or
sludge.
I. The Fayetteville Regional Office did not receive a report from Elbert Pearsall
regarding the application of waste to a field with no vegetative cover.
J . The costs to the State of the enforcement procedures in this matter totaled
$404.99.
Based upon the above Findings of Fact, I make the following:
ll. CONCLUSIONS OF LAW:
A. Elbert Pearsall is a "person" within the meaning of G.S. 143-215 .6A pursuant to
G.S. 143-212(4).
B . A permit for an animal waste management system is required by G .S . 143-215.1.
C . Elbert Pearsall violated Condition No. ill. 5. of General Permit No. A WG 100000
by failing to maintain records of all land application events between November 4,
2001 and November 11, 2001.
D . E lbert Pearsall violated Condition No. II. 2. of General Permit No. A WG 100000
by applying waste to a land application field with no vegetative cover.
E. Elbert Pearsall violated Condition No. ill. 6. b. of General Permit No.
A WG 100000 by failing to report that waste had been applied to a land application
field with no vegetative cover which is a condition that rendered the facility
incapable of adequately treating the animal waste.
F. Elbert Pearsall may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Elbert
Pearsall pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
H. The Acting Supervisor of the Non-Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
ill. DECISION:
Elbert Pearsall is hereby assessed a civil penalty of:
s-~·..L.,-;-'c;'-'-o __ _
s 404.99
for violation of Condition No. ill. 5. of the General Permit
by failing to maintain records of land application events
for violation of Condition No. IT. 2. of the General Permit
by applying waste to a land application field with no
vegetative cover
for violation of Condition No. ill. 6. of the General Permit
by failing to report that waste had been applied to a land
application field with no vegetative cover thereby rendering
the facility incapable of adequately treating the animal
waste
Enforcement costs
TOTAL AMOl.TNT DUE
As required by G.S. 143-215.6A(c). in determining the amount of the penalty I considered
the factors listed in G.S. 143B-282.1(b). which are:
( 1) The degree and extent of harm to the natural resources of the State. to the public
health. or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
(D te) ent Wiggins. Ac · Supervisor
1 on-Discharge Comp iance and Enforcement Unit
Division of Water Quality
MEMORANDUM
TO:
THRU:
FROM:
SUBJECT:
DIVISION OF WATER QUALITY
May 28,2002
Kent Wiggins -1 .. . . .. )
Non-Discl.tatge Co, mpliance I ./ :
' . I :
Paul Rawls \ V
Water Q~ali~ ~~~al Supervisor
Fayetteville RegiOnal Office
~ '
Robert F . Heath
Environmental Specialist II
Fayetteville Regional Office
Enforcement Package
Elbert Pearsall Fann
Facility No. 82 -619
Sampson County
Please find enclosed a fast track enforcement package pertaining to the violations
of the conditions of the Genera l Permit at th e subjec t facili ty.
Thank for your cooperation regarding this matter. If you have arJY further
questions or need clarification on arJY of the details, please contact me.
/rfh
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MA ITER OF
Mr. Elbert Pearsall
Pearsall Swine Farm
FOR VIOLATIONS OF PERMIT
15A NCAC 2H .0217
)
)
)
)
)
)
)
)
)
)
)
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. PC
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENAL TIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215 .6A, I, Greg Thorpe, Acting
Director of the Division of Water Quality (DWQ), make the following;
I. FINDINGS OF FACT:
A. Elbert Pearsall operates a concentrated animal operation in Sampson County.
B. The Pearsall Swine Farm was permitted as a nondischarge facility on October 26,
1998, in accordance with l5A NCAC 2H .0217 .
C. Elbert Pearsall was issued a Certificate of Coverage A WS820619 under General Permit
A WG 100000 for Pearsall Farm on October 26, 1998, effective date of October 26, 1998 with an
expiration date of April 30, 2003.
D. Condition No.II (2) of the issued permit states"A vegetative cover shall be maintained on all
land application fields and buffers in accordance with the CA WMP".
Condition No.III (3) of the issued permit states"A representative Standard Soil Fertility
Analysis, including pH, copper, and zinc, shall be conducted annually on each
application field receiving animal waste. The results of these tests shall be maintained
on file by the Permittee for a minimum of three years and shall be made available to the
DWQ upon request".
Condition No. III (4) ofthe issued permit states "An analysis of the animal waste shall be
conducted as close to the time of application as practical and at least within 60 days
(before or after) of the date of application. This analysis shall include the following
parameters: Nitrogen, Phosphorous, Zinc, Copper".
Condition No. III (5) of the issued permit states "Records, including land application
events and removal of solids to an off-site location records , shall be maintained by the
Permittee in chronological and legible form for a minimum of three years. These
records shall be maintained on forms provided or approved by the DWQ and shall be
readily available for inspection.
E. DWQ staff inspected the Pearsall Farm on the following dates to verify compliance with the
General Permit. Comments include the following:
10-23-97 lagoon dikes reseeded per Soil and Water, no irrigation as of yet.
9-16-98 need to continue to work on establishing grass on inside slopes. On back corner
had a slight erosion problem on inside slope. Evidently the farm has not
pumped since no irrigation records were available.
8-31-99 farm was stocked in early to mid 95. No pumping has occurred to date .
Farm has been in operation for approx. 4 plus years. Lagoon levels have been
maintained since Jan. 6, 99 that indicate that the lagoon level has only
fluctuated approx. 3 inches in the past 8 months from 33 inches to 36 inc hes.
The farm has 2210 animals and the lagoon was designed for 2940. Concern
over liquid level, possible leakage?
11-16-00 waste application records are for Fall1999 through spring 2000.
Approximately 1 million gallons pumped. Pond is built for 4 houses, currently
3 on-site.
10-23-01 well maintained farm, good records.
11-9-0 1 Phone in complaining about hog waste being sprayed on the brick house on
Honrine Road. Visited sprayfield while still spraying. No drift, no application
within 300 feet of house. Operator met all setback requirements.
3-13-02 Lagoon records indicate 12 inches of waste pumped in Nov. Between 11-
4-01 and 11-11-01. Pumping records IRR-2 forms only account for
198,000 gallons and approximately 500,000 gallons were removed from
the lagoon. In addition, wheat crop was never established as required to
utilize the PAN. Must collect soil samples annually & waste samples
within 60 days of waste application
F. The cost to the State of the enforcement procedures in this matter totals$ 404.99.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Elbert Pearsall is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for this animal waste management system 1s required in accordance
with 15A NCAC 2H .0217 and G.S. 143-215.1.
C. Elbert Pearsall above sited for failure to establish a vegetative cover on waste application
fields after applying waste violated Condition II (2) of Animal Waste Permit No.
AWGlOOOOO.
2
Elbert Pearsall above sited for failure to collect a representative Standard Soil Fertility
Analysis annually on each application field violated Condition No. III (3) of Animal Waste
Permit No. AWGIOOOOO.
Elbert Pearsall above sited for failure to collect a waste analysis within 60 days of
waste application violated Condition Ill (4) of Animal Waste Permit No. AWGlOOOOO.
Elbert Pearsall above sited for failure to maintain records of land application events
violated Condition No. III (5) of Animal Waste Permit No. AWGIOOOOO.
D. Elbert Pearsall may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty ofnot more than twenty
five thousand dollars ($25,000.00) per violation may be assessed against a
person for failing to act in accordance with the terms, conditions or
requirement of a permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Elbert
Pearsall pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.l(b)(8).
F. The Director, of the Division of Water Quality, pursuant to delegation provided
for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this
matter.
Bas~d upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Elbert Pearsall is hereby assessed a civil penalty of:
$ _____ _
$. _____ _
$. _____ _
$, _____ _
$. _____ _
$. _____ _
$. _____ _
for violating Condition No.II (2) of Permit No. AWG 100000 for failure to
establish a vegetative cover on the application fields.
for violating Condition No. III (3) of Permit No. AWG 100000 for
failure to collect representative Standard Soil Fertility Analysis annually.
for violating Condition No. III (4) of Permit No. AWGIOOOOO for
failure to collect a waste analysis within 60 days of waste application.
for violating Condition No. III (5) of Permit No. AWG I 00000 for
failure to maintain irrigation records.
TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
3
Date
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.l(b), which are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The degree and extent of hann to the natural resources of the State, to the
public health, or to private property resulting from the violation;
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission has regulatory
authority; and
The cost to the State of the enforcement procedures.
Gregory Thorpe. Acting Director
Division of Water Quality
4
ANIMAL OPERATION INSPECTION FORM
I . Date of Inspection(s): March 13. 2002
2. Regional Office : Fayetteville. Water Quality Section
3. Name of Owner Of Property: Elbert Pearsall (Copy of Deed attached)
4. Name of Operator: Mr. Elbert Pe arsall
5. Address: 997 Simmons Road
Clinton. NC 28328
6. Phone Number: (910) 564~6681
7. Description of Facility Location, Map excerpt attached.
Travel from Clinton on Hiihway 701 North to SR 1737. tum left. ~o approximately three
miles to farm on left.
8. Date this facility began operation: The farm has been in full operation since June. 1994
9 . Date of last expansion: Not Applicable
10 . Has the facility registered with DWQ? YES~ NO_
If yes , date of registration 11/24/93
11 . Does the facility have an approved Animal Waste Management Plan YES_x_ NO_
Is one required? YESL NO_
Date Approved: March 29. 2002
12. Has this facility received a CAFO Designation? YES_ NO X
If yes , date issued: ____ _
13. Type ofOperation: Swine. Feeder to Finish
14 . Number and type oflivestock: The facility is designed and permitted for 2940 hogs per cycle.
15 . Length of time animals have been , are, or will be stabled, or confined and fed or maintained
in any 12 month period . Twe lve (12) months.
16 . Are crops, pasture, or post harvest re s idues sustained in the normal growing season over any
portion of the lot or facility ? No. The farm was designed to have approximately 30 acres of
land on which to apply waste. The c ertifi ed wast e management plan calls for a soybean and
wheat rotation crop in fields 1-4 ( 17.8 acres) and a com. wheat. and soybean rotation on fields
5&6 (5.2 acres) and soybeans and wheat on field 7 (1 .9acres). At the tim e of the inspection.
none of the spray fi elds had a wheat crop established.
Page 2
17. Type of Waste Management System: Swine are kept in total confinement free stall barns
with slotted floors oyer flushing pits. Waste is flushed as needed from floor pits into the waste
lagoon system. The lagoon system is composed of one (1) lagoon from which waste can be
pumped to the application fields via a mobile reel and spray gun system.
18. Description of other animal operations in immediate vicinity and proximity to same or other
surface waters: It was noted that the Kenneth Bradshaw swine faun is located acijacent to the
Pearsall Faun. This facility 3l"Plies waste on fields acijacent to the Pearsall Farm facility
application site.
19. Proximity of facility to neighboring houses, wells, etc.: It was poted that several residences
are located approximately 200 feet from the North portion of the waste application field# 5&6.
20. Approximate depth of ground water table in the area of the facility or discharge: 18 to 20 feet.
21. Proximity of facility to surface waters: Facility (edge of Jagoops) is located approximately
750 feet from a blue line stream.
22. Animal waste discharged. Swine
Witnesses: Not applicable
23. Are poJlutants discharged in the waters of the State? NQ
Ifso, how?
24. Do or have discharges occurred in response to a storm event Jess severe than the 25-year, 24
hour storm? NQ.
25. What is the degree and extent ofharm to the natural resources ofthe State, to public health, or
to private property resulting from the violation?: Not apphcable.
26. What is the duration and gravity of the violation?: This facility bas been inspected
approximately 10 times by the DWQ and the DS&W and no violations of this type were ever
~
27. Water Quality Assessment Several residences approximately 500 feet to the West of field# 7
are reported to have high levels of nitrates in their potable wells. In addition. one residence to
the NQrth of fields 5&6 are re.ported to have high nitrates in their well. This facility could have
contributed to the problem since previous records may not be accurate and all waste has been
irrigated on a portion of the required acreage until the most recent CAWMP was issued in
March 2002.
28. What is the cost of rectifying the damage?: unlmown
Page3
29. What is the amount of money saved by noncompliance?: Based on observations made
durin~ the investi~ations.ljttle or no money was sayed by Mr. Pearsall failure to maintain
accurate records.
30. Was the violation committed willfully or intentionally?:
YES_x_ NO_
Explain: Mr. Pearsall orriiinally stated that no irri~ation had occurred since the previous
inspection. however. after reviewing his laioon level records for the period the inspector
observed that approximately 12 inches of wastewater had been irri~ated in November 2001.
Further discussion with Mr. Pearsall about the djscre.pancy resulted in Mr. Pearsall admitting
that he had irrigated and the records were at his borne. We agreed that I would review the
records in question on the next day at his place of business. Furtber inspection of the waste
application field resulted in the observation that no wheat crop had been established on the field
after the irrigation event and that no waste sample had been collected within the req_uired time
(60 days prior to or after an irrigation eyent). A review of the missing irriiation records on
March 14, 2002 confirmed that only 198.000 gallons of the 600,000 gallons were accounted for
in his calculations.
31. What is the prior record of the violator in complying or failing to comply with programs over
which Environmental Management Commission has regulatory authority?: Mr. Pearsall has
been co-operative at all times with the inspections agencies and no major violations have ever
been noted.
32 . What is the cost of the enforcement procedures?:
Regional Costs are as follows :
Mileage: $0.23 per mile for 100 miles:
Robert Heath@$ 20.01/br
3 hours-Drive Time (two (2) trips)
1.5 hours -Investigation
8 hours -Report Development
hours 12 .5 total
Paul Rawls @ $ lhr
hours -I total
Central Office Review
. $ 23.00
$ 60.03
$ 30.01
$ 160.08
$ 250.12
$ 31.87
$ 100.00
Total $ 404.99
Page 4
33. Type or general nature of business: Swine. Feeder to Finish
34. What is the violator's degree of cooperation or recalcitrance:
Mr.Pearsall has been co-operative with the inspectors during all inspections and no major
violations have been identified until trus year. The inspection in 1999 reported that after 4 years
of operation. no waste application had occurred according to the records for the farm and the
lagoon was suspect of leaking. It should be noted. however. that problems of this type are very
hard to identify due to the minimal amount of records reQuired to be maintained.
35. Are there any Mitigating Circumstances?: NO
36. Assessment Factors: ~
3 7. Include a copy of any Designation Jetter signed by the Director.
38. Recommendations Made to Owner/Operator:
Immediately begin kee.ping accurate lagoon level records.
Immediately collect a waste sample of the lagoon,
Immediately contact a technical s.pecialist to ammend your CAWMP for the correct crop.
Insure that all irrigation is recorded immediately to prevent future mistakes,
Calibrate your irrigation eQuipment for accurate gallons per minute calculations.
39. Recommendations for further DWQ Action:
-Notice of Violation (Forwarded March 26. 2002)
-Enforcement Action
-Reinspection
40. Other Comments: In sumroruy. it is the opinion of this writer that the owner of the facility bas
intentionally failed to record the irrigation events conducted this fall and winter due to not
haying established the reQuired crop and due to his failure to collect the required waste sample,
The records produced on March 14. 2002 were not accurate since he had not recorded them at
the time ofthe irrigation event It js possible that this was the first incident of not reporting his
irrigation events but it is just as possible that this problem has been missed by the DWQ and
the DS&W on previous inspections.
B t-(
r --· ( ~
' ~· -------·--# f ;
March 30,2002
Paul E. Rawls
North Carolina Department of
Environment and Natural Resources
225 Green Street-Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Rawls:
J APR 3 2002
' ~ t ., ___ ....,._ ---.. -.-.....-t___r ---~----·--~-~-.-..
I am submitting the facility records that were requested from your letter
dated March 26, 2002. Please find included with this letter (1] weekly lagoon
freeboard records (2) IRR1 and IRR2 forms [3] waste samples and [4] waste
management plan with lagoon design.
I strongly disagree with the idea that my facility wrongly discharged waste
in November of 2001 on sprayfields in an intentional manner. On my behalf,
I would like to take this opportunity to explain some of the purposed
violations . On the matter of not extablishing a crop (wheat) on which waste
application was applied fell to a change in plan~ not on my part but on the part
of the fanner who leased the sprayfields on which my waste management
plan is designated. The fanner found nematodes on the fields which made it
necessary for him to rotate the pwposed winter wheat to spring com. This
was a non-communication between him and myself in which case I was not
aware wheat would not be planted within 30 days of my waste application.
Please see included with this letter new waste management plan with com as
part of the plan .
As for the other violation, I take full responsibility of neglecting to collect
a waste lagoon sample in the proper 60 day waste application time frame . I
now also understand the importance of adequate record keeping at the time of
waste application instead of taking care of records when it is more convenient
for me to do so. I feel this is the reason for the discrepancy in the
Paul E. Rawls
Page2
March 30, 2002
r . ····---
l l WJR 3 200~
' l
'• ----·----
. ' ~ I' < •
number of gallons irrigated and the amount of freeboard shown on the
freeboard lagoon log. 'Ibis was merely a neglect of adequate
record keeping at the time of circumstance.
I believe that you will find my previous inspection records to be in good
standing and I am committed again to having my inspections show a well-
maintained farm facility.
Sincerely,
d tt'( / k-'d---{. ('
J. Elbert Pearsall
2/2S/02
Vaste Code:
LS
tescrlplion:
Grower: Pearsall, Elbert
Waste Analysis Report
997 Simmons Rd.
Clinton , NC 28328
Fann:
Total
IN-N
-NI/4
-N03
OR-N
·cDAA'' ·
ute Code:
s
·scription:
ine
Grower: Pearsall, Elbert (Joe)
Waste Analysis Report
997 Simmons Rd .
Clinton , NC 28328
Fann:
Total
IN-N
-N/14
-N03
OR·N
Sampson County
252
!tot
Copies To :
Cd . Pb Li
Waste Analysis Report
2/23/01
Total 257 30.2
IN-N
~ste Code: -N/14
s -N03
·scription: OR-N 391
..
PP!llf'Q'.llll, El
997 Simmons Rd .
Clinto n, NC 28328
Fann:
0.52
7.78
0.30
Copies To : County Extension Director
USDA-NRCS -Sampson
.Ci1 Ph Li
.•
Tax Lot No •.......
VerUted br ....
br ........ ., ..
. . "'lT!.;
Ellclae Tu
l'nrcel Identifier Nn.
. County on the day of .
Mall after reeordlna to . Mr. and Mrs. Joe E 1 bert Pea rsa 11 .
.: ... ., ........ ,It ......... ..
Thla lnatrument wa11 prep11red by
Briel deac:rlptlnn fur the Index ·
Harry M. Lee. Attorney at Law. Clinton. North Carolina 28328
I Halls Township; 6.08 acres
NORTH CAROLINA GI3NJ2RAL 'V1\I~RANTY DEED
THIS DEED made thla 6th day uf . . January .
GRANTOR
CLYDE BRADSHAW and wife,
NANCY LEE BRADSHAW
of Sampson County,
North Caro 1 ina
, I!J 94 , h)' and hclwl:en
GltANTEE
.JOE ELBERT PEARSALL and wife,
LOIS B. PEARSALL
of Sampson County,
North Carolina
f.nl.r In appropriate blarll fir nt'h parly: nam•. addrt'~~. and, If approprlalt', rhararltr at rnllly, p ,q , eorpof811on ar pariMrthlllo
Tbe de111natlon Grantor 11nd Grantee na uacd herein abnll include nid partie•, their helra, 11Ucc:e111on, and a18lrna, and
1b1U lnelude alnaular, plural, maac:ullne, feminine or neuter "" •·e•tttlred by co ntext. ·
WITNESSETH, that the Grantor, fnr a \·nlunhle c:n n11ldcrnlion Jlllld by lhe Grantee, the receipt of which Ia hereby
acknowled,.d, hae and by t he•e prl!~enta doea rrant, barral n. 11ell and con vey unto the Grantee In fee almple, all that
eertaln lot or parcel of land t~lll i atl!il In the City nf Ha 115 .............. Townahlp, ·
........ Sampsort .... . .. Cuunty, Nurth Carullnn and mnre purtlcularly dearrlbed u followa :
FOR DESCRIPTION OF PROPERTY, SEE SCHEDULE "A" ATTACHED HERETO,
INCORPORATED HEREIN AND BY REFERENCE MADE .A PART HEREOF.
N.C ... "-· h•• lila. J C. 191t. a..w tl I'" ----·• c:.o .. '"' . ..,;, '''· ••-·" c •-,.,.,.....,,......_..,., .... c ........... ,.,
\ ' -----··'
/
I
\
''.
I, CIWIUI L MATTHIS Cl: IITI'Y THAT THIS M•l' MUTS THI II.C ITANOAIIOS
OP HACfiCI MD TMI 11111011 OF(~OIUIIt IS,. S,OOO U"D T~T THlltl All[ 110
Vl ... ~.~ .• ~rmz~vn.
CHMLII L. AUTTHII LMO tUn'UOII
•C. II IGIITIIATIO Ill 1110 L• 114S
voL1175 Jl.GF~}15
A88RlVIATIONS;
II'S • IliON Pill'[ SIT
I.I.P • Ut1n1111 IIIOir lltPI
f'lll • I!II.IIMl UT
u:.ll • IIIITIIIO COIICIIITI lloiiL.
Ul • UIITIIIG .... ITATI
l THIS TIIAC:II CW LA"D IU l'lloln' fJ/1
'1141 LollfO AI DUCitl liD Ill OUO
IOOIIUI l'ol014UIIICOIIOU
I'll~~ 1.11. II II Oltlll
t. U"COIU:.. l'tl'l Cut.\'.
Ul TKI S.W,.OIII CIIIIIT'f IIIOfiTit,. KENNETH DWIGHT BRADSHAW
D. I eer I'D 41? L_
r 't 1rt1oc ''' ILT WOCO ITAIII
~ · , . · SU' 111 {f" I
U.YDI-BR;:-OSH-AW -ttl. Jt'IIUotl IIIOf TO IC:A Ll I
AIOWI'I
NANCY La 8AI'OSHAW
0.1.111 I'G 4U
~y---...... .,ti;·;~~J~·~·#n;~~·("~~~~~ '' Ito.,..,, ro., ....
AREA • 6.08 ACS • .!.
I C N C. PII T.
t A til'
II
... "'\
~ 0 . 'l ~ --~ -.
~ ~ . ~ .
CHARLES L. MATTHIS SURVEYING, P. A.
litO I tTl litO LA II 0 1\IIIVUOII
P'.O. lo• IJ PH. III tl 5U •lltf
CLINTON NORT
CLYDE BRADSHAW
AND WIPI
N4NCV LEE IRAOSHAW
DI.UI 1'1.411
•
' I ; I r.
'.I '
'·: . t
.. .. . -.
I .
' . '.
' ..
'0 ••
' ) I,' ..
. .
•
SCHEDULE "A"
'VOL1175 1t4iE914
'BEGINNING at an 1ron pipe designated as Corner No. 1 on . that ~P herein-
·. af~er referred to (all numbered corners referred to herein are as shown on said
map), said iron pipe being located South 11 degrees 37 mtnutes 13 seconds West
350.00 feet, South 11 degrees 37 minutes 13 seconds West 430.79 feet, South 02
degrees 52 minutes 32 seconds East 342.16 feet and South 20 degrees 09 minutes
40 seconds West 216.92 'feet from an extsttng concrete nail designated as Corner
No. 1~ 1n the center of State Road Mo. 1819, Corner No. 11 being located
South 81 degrees 02 minutes 47 ·seconds East 617 .87 feet from a PK nail tn the
center of said road over a 24 inch concrete pipe culvert installed beneath
said road, said concrete pipe culvert being located 0.5 mile~ measu_red . in a . '
westerly ·dtrectfon from the tntersectfon .of State Road No. 1819 with State Road
No. 1817; and runs thence from Corner No. l,.so located, as follows:
1. Along the dividing line between this tract and the lands of Clyde
Bradshaw and wife, Nancy lee Bradshaw South 00 degrees 11 mtnutes
33 seconds West 541.29 feet to an iron pipe designated as Corner
No. 2 tn the line of the Thomas H. Bradshaw lands~ thence
2. Along the Thomas H. Bradshaw property line North 86 degrees 43
minutes 58 seconds West (crossing over an in~line existing iron pipe
designated as Corner No. 3 at 268.35 feet) 358.55 feet to an existing
iron ptpe .designated as Corner No. 4; thence ·
3·. Continuing with the Thomas H. Bradshaw property line North 86 degrees
42 minutes 31 seconds West 181.83 feet to an iron pipe designated
as Corner No . 5; thence
4. Again with Thomas H. Bradshaw's property line North 86 degrees 45
minutes 04 seconds West 14.74 feet to an iron pipe designated as
Corner .No. 6, a corner wfth the Clyde Bradshaw property; thence
5. Along the Clyde Bradshaw property line·North 00 degrees 42 minutes
08 seconds East 435 .94 feet to an iron pipe designated as Corner No.
7; thef\Ce .
. 6. Again with the Clyde Bradshaw property line South 83 degrees 31 minutes
27 seconds East 280.66 feet to an iron pipe designated as Corner No.
8; thence ·
7. Again with the Clyde Bradshaw property line North 13 degrees 30 minutes
37 seconds East 116.12 feet to an fron pipe designated as Corner No.
9, a corner with Kenneth Dwight Bradshaw's property; thence
8. Along Kenneth Dwight Bradshaw's property line South 88 degrees 13 minutes
27 seconds East 244.81 feet to the BEGINNING,
containing 6.08 acres, more or less. as shown on that map entitled: "Map of
Joe E. Pearsa 11 and wife, Lois B. Pearsa 11 Land," prepared by Charles L. Hitthts
Surveying ·, P. A., Registered Land Surveyor, dated August 23, 1993, a. copy of said
map being attached hereto, incorporated herein and by reference made a p1rt hereof.
}
i .
•
..... ~""'
.....
':;) ~:~.:·
,~·,/ .. 0'
~A
~CDEHR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Will iam G. Ross Jr.. Secretary
Gregory J. Thorpe, Ph.D.
March 26, 2002
CERTIFIED MAIL
RETURI~ RECEIPT REQUESTED
Mr. Elbert Pearsall
997 Simmons Road
Clinton, NC 28328
Subject: Notice of Violation/Notice of Intent
Pearsall Farm
Facility No. 82-619
Permit No. AWS820619
Sampson County
Dear Mr. Pearsall:
Acling Director
Div ision of Wa ter Quali ty
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 ofyour 2H .0217 Pennit.
On March 13, 2002, stafffrom the Fayetteville Regional Office ofthe Division ofWater
Quality performed a routine inspection of the Elbert Pearsall Farm in Sampson County. The
inspection revealed that the waste application had not been established in the winter crop (wheat)
as required by the CA WMP. In addition, waste application had occurred in November 200 1, and
no waste samples had been collected within 60 days of the application. Irrigation records
(IRR-2 forms) indicated that approximately 198,000 gallons had been irrigated in November,
however, lagoon level records for the period illustrate that approximately 500,000 to 700,000
gallons were removed.
The Division of Water Quality requests that the following item(s) be addressed :
1. Submit the previous 12 months of weekly freeboard records for the facility.
-2. Submit the previous 12 months ofiRR-1 and IRR-2 forms for the facility.
225 GREEN STREET-SUITE 7 1~ 1 SYSTEL BUILDING I F A YETIEVILLE, NC 28301 -5043
PHONE (9l0H86-l 54 l FAX{9 10) --1 86-0707 WWW.ENR.ST ATE J,;Cl/Si E NW
A:-J EQ UAL OPPORT UNITY! AF FI RM ATI VE ACTIO N EMPLOY ER -50% RE CYCLED/10% PO ST CO :\S t.:~1 E R PA PE R
DENR TOLL FR EE HO TLIN E: 1-377-623-6 748
Mr. Elbert Pearsall
Page 2
March 26, 2002
3 . Submit the waste samples for the previous 12 months for the facility .
4 . A copy of theCA WMP for the facility , specifically the lagoon design and the WUP.
Failure to comply with the above condition(s) may result in the facility losing its General
Permit and being required to obtain an individual non discharge pennit for the facility .
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation . You are hereby notified that
based on the above information, the Division of Water Quality is considering forwarding
recommendation to the Director for consideration of enforcement for this violation. Furthennore,
the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00
per day per violation.
If you have an explanation for this violation that you wish to present to this office, please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendation for enforcement. This response should received by this
office on or before April 18. 2002.
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation forwarded to the Director with the enforcement package for his
consideration.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. Bob Heath, Environmental Specialist, at (91 0) 486-1541 .
RFH!bh
cc: Steve Lewis -Compliance Group
Wilson Spencer-Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Glen Clifton-Prestage Farms
Central Files-Raleigh
s--1 1 /
' . mler~ YJ ./·
/ ·V / /! /
' ' ~ ' J ll \--\A -~· :/ i>ayi~Rawls
Water Quality Regional Supervisor
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2 . and 3 . Also romplete
Item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• ·Attach this card to the back of the mailpiece,
or on the front if space peimits. ·.· ·
1. Article Addressed to:
Mr Elbert .Pearsall
997 Simmons Rd
Cli~ton NC 28328
..
82-619
·' ·:.
D . Is dei/Yery address different from item 1?
If YES, enter delivery address below:
0 Express Mail
3. ·Service Type
XlXJ Certified Mail
0 Registemd
· · b Insured Mail
0 Return Receipt for Merchandise
oc.o.o .
j 4 . Restricted Delivery? (Extryz fe.e)" 0 Yes
_____ :_ ___
lr Pearsall Farm ru
ru Postage $ .34
fTI
M Cer:i!icd Fr:a 2.10 M Postm.:Jrk
Re~!.lrn Rocefpt Fee Here
M (Endorserr.t:nt A~iJir'i!'dl 1. 50
M
CJ A estricrec! D~1very F~
CJ tEndor'Sfl'fn~t ~9qui redl
CJ Tota l Postage cr. Fe<,. 3 • 94 ~r~;~=me~~~~a~s~a ~Pr~!~~~C~k~s;.rry~1~~~~~co~~~p~e~r~;1~~~vm~.~~~~n,-------------~~
m ... Mr .. Elb.ert .. PearsalL ............................................ .
£r StiNt. 4pt Nc,.; or Ptl So' N~. !
~ ·c·~-~Z,~-~,t~9-~~ .. -~~ ........................................................ -~
~ Clinton NC 28328
.· \
Type of VIsit • Compliance Inspection 0 Operation Review 0 Lagoon Evaluation
Reason for Visit • Routine 0 Complaint 0 F ollow up 0 Emergen cy Notification 0 Other 0 De nied Access
F acility Number itZ wl L y ... • 2.!.; C. ~ • · -I 0 H 7 u I o~t e or "J"sl"t·. I ?!~.:7 !~? Tim•: I ,J ! ~
"-------------------------' IO Not Operational 0 Below Threshold
.Permitted • Certified C Conditionall~· Certified C Registered Date Last Operated or Abo,·e Threshold:
£/dJ &;a~~ ctie.-b. County: __ $":...,Aa:..<??~;.:..·-a..::'"'::..e.Jrv=-· ____ _
£/h.,-/-&L!VP~ Phone No: .ft:'f/-~J>/
Farm Name:
Owner Name:
Mailing Address: _,.L'I--~.9....,7'---~'-"'.::;...~L../ .c.e.n:..~·r=v:\c:::~o~~;;~.NJ~ .. .l..-s--#-&..l..4ol<,da:l.!Y-· __ .t.....e&~-~G~wo::;..· -r-,-.L;V...:........!:c:::::;'·---=.2..;....;:...=..s>_3......;;..:1_~f' __ _
; I --:/ 1/ I
Facility Contact: £/~ /k~ Title:---------PboneNo: --------
O nsite Representative: £/ 6~ UAtLJ--»/( Integrator: --'~'-'~-=,e=-,...._.-..:...;;.b----=-.,c-'L=-....h<...-.L....:~.:..=.;._«.~:...-.~ __
Certified Operator: _....:L::&'"' :..::'J==--_ _,_,8....:-~·-;;..:~~;(S?f// Operator Ct>rtification Number:
Location of Farm:
0 Swine 0 Poultry 0 Cattle 0 Horse Latitude .__ _ _,1•1 ~ _ ___.I' ._I _ __.I" Long itude
;: i"~ '7-.::;:-· .\.,..· : ·~-.. '~·.·~':.;. ·.
~""-=~-=-.....;...:;,;;..;..;_-t----+------t : ·: lO Oth e r l
e;...-;:;;.:.;..;;::;..._ ____ -+----1-----{::?f:\; :'':(!lr, .
Discharges~~ Impacts
I. Is any discharge observed from any part of the operation?
Disc h a rge originated at: 0 Lagoon 0 Spray Field 0 Other
a. If disc harge is observed , was the conveyance man -made?
b . If di sc harge is obserYe d, did it reach Water of the State? (If yes, notify DWQ)
c. If disc ha rge is o bserved. what is the estima ted flow in g al /min?
d. Does d ischarge bjol'a~s a lagoon :;ystcm? (I f yes, notify DWQ)
2. Is there ev id::nec of past discharge from any part of the operati0n ?
1 \\."ere thcrt! an y a d\'crsc impac t s or potentia l advers e impacts to the Waters oftht: State o the r than fron1 a dis charge?
Waste Colle(tjon .& Treatment
4 . Is storage capacity (freeboard plus stonn storage) le ss than a dequate"! 0 Sp ill wav
Iden t ifie r:
Freeboard (in l.'hcs):
05/03101
S tru cture I Stn1Ciurt! 2 Strucmre 3 Stmctu re 4 Structure 5
DYes §No
DYes a No
D Yes gi"No
D Yes 18;i'No
D Yes ~No
D Yes ~0
D Yes 18"No
Structure 6
Continued
. ..:Hity Number: fZ..-t.":/91 Date of Inspection
5. Are there any immediate threats to the integrity of any of the structures observed'? (ic/ tre es, se vere eros ion ,
seepage, etc .)
6. Are there structures on-site which are not properly addressed and/or managed through a was te manageme nt o r
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental tbreat. notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance /i mprov em ent?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste ApPlication
I 0. Are there any buffers that need maintenance/improvement?
II. Is there evidence of over application? D Excessive Ponding D PAN D Hydraulic Overload
12. Crop type 5 .. ~wM~.{"< uM...,/
13. Do the receiving cr{p; differ with those designated in the Certified Animal Waste Management Plan (C A WMP)?
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination?
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Regujred Records & Documents
17. Fail to have Certificate of Coverage & General Penni! or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, desigp, map~, etc.) _ v ~ v ~ ~·
19. Does record keeping need improvement? (i~ freeboar aste analysiS so il sample reports
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Pennit?
(ic/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified A WMP?
DYes Qi'No
DYes ,B:"No
0Ye.s .Q{No
D Ye s ~No
DYes ~No
D Ye s 15(1 No
DYe s ~N o
DYes jRJNo
D Ye s (8fNo
DYes pt"No
DYes pet No
DYes 0No
D Yes ~N o
DYes ~No
DYes ~N o
.E!Yes 0No
DYes ,3No
D Yes ~N o
DYes ~N o
DYes ~No
DYes tKl No
DYes I&J No
No violations or deficiencies were noted during tbis visit. You wUl receive no further t:orrespondence about tbis visit.
Reviewer/Inspector Name
Reviewer/Inspector Signature:
05101/0/
I
t-vl~~ ~/,·c:~h~
Date:
Continued
·-
Oat~ of Inspection
Qruu: lmw.
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atior below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i .e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
3 I. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanentitcmporary cover?
05103101
,.00 Yes
DYes
DYes
D Yes
DYes
DYes
DYes
0No
_lla No
~No
'8[No
~No
t81No
J8t'No
...
1-
LAGOON FREEBOARD & AVAILABLE STORAGE CAPACITY LOG
0~1 24U02 . -~ AI 910 592 9552 MO"\' os·~J F
Elbert Pearsall La ·,: goon Levels 2001·2002 YTD
2000
6-Jan
t3~Jan
20-Jan
27-Jan
3-Feb
10-Feb
17-Feb
2+Feb
3-Mar
10~Mi;tr
17-Mar
24-Mar
31-Mar
.•. 7 -Apr
14-Apr
21 -Apr
28-Apr
5-May
12-May
19-May
· 26-May
2-Jun
9-Jun
16-Jun
2.3-Jun
30 -Jun
7-Jul
14-Jul
21-Jul
28-Jul
~Aug
11-Aug
18-Aug
25-Aug
1-Sep
S.Sep
15·Sep
22-Sep
29-Sep
6-Qct
13-Qct
20 -0ct
27-0ct
3-Nov
10-Nov
17-Nov
2+Nov
l·Dec
B·Dec
15-Dec
22-Dec
29-0ec
38
38
38
38
35
35
35
34
36
34
34
34
34
33
34
33
33
34 .,. Jb
36
36
31
43
o43
40
43
43
43
40
nta
43
43
40
35
33
31
32
35
32
33
n/a
31
35
3'1
34
33
45
45
45
44
45
45
2001
45
45
40
36
34
33
32
30
34
36
35
35
36
35
35
PRESTAGE FARMS ~001
Post-tt• Fax Note . 7671
To& Frc:m _,. I
\:J. Ct..JFToJI
Fou # 1
•
:orm IRR-2
Tract#
Fi eld Size (acres) = (A)
Farm Owner
1/-~9 03 I
;~. 7
ZJ, €-I ber f
Lagoon Liquid lrriyalion Field Record
One Form for Each Field Per Crop Cycle
Field# I s-Facility Number I g)..-f.o/9
~-=~--~~----~
PeCA fJa !I
Owner's Address
Owner's Phone#
Irrigation Operator I
Irrigation Operator's
Address _
Operator's Phone# r------------------------------l
~--------------------------J
(1) (2) . (3) (4) (5) (6) (7) (8) (9} (1 0) A (11)
Irrigation 1-f,;.,.,,..., R ~ {)("'Jd -tJF:i_J r; 6. 0
Date Start Time End Time Total Minutes # of Sprinklers Flow Rate Total Volume Volume Per .V I PAN Applied Nitrogen Balance 2
(gallons) Acre (gallac) Waste Analysis (lb fac) (mm/dd/yr) (hr:min) (hr:min) (3) -(2) Operating (gal/min) PAN (lbf1000 gal) (lb/ac)
(4) )( (5) )( (6) (7) +(A) [(8) )( (9)1 + 1,000 (8}-(10)
(.2 --L-3-ot) tUj_ e::,-r 7 fo · D
1 -13 -ol ~ /1 'rJ~-1 9.1/-0 I ).7!) .l3 I noD /rJ. 35~ 1-I /J)J(U) I 3./o !J J . L/-/~
I
()(-tO -ol ) cYJ JJtJ(/.)..f, 7.2 D
L-~ I _s__,_t...-I '(!,(2 / 7 :~n I :J7S /9g {XX) /() .£)"" ~ ~ /. I Ji>. l ooo I/, /-, F=-hn._lf_ I') ·Ot
I I
I J I. ~ ..-1·· P la",,eol
Jl -1 !~ o I .S.o..e_.. /t"<.l { '?,;.o I d-.7 5" !Cf ~oco /0 S 2g /,/ /6,/;ooo (I, lo /oJ..</ .Jt
{ ~0 .~
'•
Crop Cycle Totals
Operator's Signature Owner's Signature ---------------
Certified Operator (Print) fa;_. fJea 1'5a II
------------------------------
Operator Certification # IJ w /1 .;< ..< 0 t, .2-
· See your animal waste management plan for sampling frequency. At a minimum, waste analysis Is required within 60 days of land application events.
· --··--•L -.. _ ... _ ----• .. --' ........... ~~""" ~"'"-" Hm ''"""' IR\ r.nntln o ,...·!'luhtrA~Inn r.nlumn (101 from cnlumn (111 fo llowina each aoollca!lon event.
Form IRR-1 Lagoon Liquid lrriyation Field Record
For Recording Irrigation Events on Different Fields
Farm Owner 11E~6 e1 ~01" 54 II
Spreader Operator L I".Je;o q (I
Facility N urn be r I ;>? ..2 -(o 1 'j
Tract# Field # Date Crop Type Field Size Irrigation Time
(mm/dd/yr}
~ (acres) Start Time End Time Total Minutes
_,....-<ZCJo3 s--/~_Ll .. C>l_ rdf{u:f ;g. 7 tl /1/JC-( 'f2o
f9~D3 s-/-13-tJ/ ~ jg. 7 6/ I /1 ,u.._,-Ym
'RifE
-r (/co.3 .c:-b-,J.Cj.ol ."il'ltl bq u 1'1 ( />;. 7 Jff J?JI J~o
/ )( 'JD-3 -.:> 0-Jo -ol -;,!,_. br,,,1\ ;9. 7 gp J-/1 3b()
'7 ,2_ C)
~
---r-'l?9o3 s-;1 -tf-o/ uJf.!L~-•. /S'.] 8ft ~f /.,.2...0
f'Cl""' ~-~
Number of
Sprinklers Operating
I
I
I
I
I
Wettable Acres Determination Certification
Name of Facility: £L/Iti..T PeAil.$11>&..'-F'.-e..-.
Owner(s) Name: E:L&ELT Pe-~f'.~~c..
Facility Numbe r: et. -bl ~
Phone No :91D·f~-~~
By signing this form, the facility owner and Technical Specialist acknowl edge the completion of the
Wettable Acres Determination. All necessary Wettable Acre Determinatio n Field Data Sheets and
calculations were completed to conduct a Wettable Acre Determination. The fac ility's Waste
Utilization Plan has been amended as necessary to reflect actual werted acreage . A copy of all
worksheets, calculations, and other Wettable Acres Determinat io n documems, along with the
applicable Wa.ste Utilization Plan and Wettable Acre Determination Certification will be filed with
the local Soil and Water Conserv ation District. A copy will also be kept on si te with the Certified
Animal Waste Management Plan . Any furure modifications mus t be approved by a technical
specialist and filed with the Soil and Water Conservati on District prior to implementation. If an.y
modificatio ns to the existing irrigation system or any new irrigation equipment was required to
adequately address the waste managemem needs of this facility , an Irrigation Specialist or
Professional Engineer has certified the design and installation below.
OwnerName t'~T ~
Owner Si£nature #'A -~ --Date :/-~9-oz
Technica l Specialist N J.me:_...G:L!..... _,G'-'L:;.;:E=-N...;....;.;/IJ:..-;C~t..;..;l ~:.......;.;t'o:;;.."''--------------~---­
T echn ic al Specialist Signature:_,Jf'--'-'-.,_. ~""-=.,.._;;;;=--"'~=· ~t;.;.:""~--------Da te: ~ J Z' I 0 'Z...t
If assisted by an Irrigation SpedaJist or Professional Engineer please read and sign below:
Animal waste application equipment has been designed or modifie d t o apply waste as ne cess ary to
accommodate the waste management plan and according to N RCS S t:m dards. A nimal waste
application equipment has been installed according to NRCS S tan dards and is ready for use.
Irrigation Specialist/PE Name: _________________________ _
IrrigJ.tion S pecialis t/PE Signature : ________________ Date: _____ _
W .-\D C-7/'J'J
Submit this form to:
Ann : Sonya Av<.tnt
NC Division of Water Qu;1][ry
Non-Discharge Cornpli:.mce & Enforceme nt Uni t
16 17 !vlail Service Center
Raleig h. NC :27699-1617
IRRIGATION SYSTEM PARAMETERS
Land Owner: Elbert Pearsall Date: 2/22/02
Address: ~9~9=7~S~im_m __ o-ns-=R-o-ad~------------------
Telephone:
-=C~Ii::-nt-:::o:::::n-:-N-:::C~2873:....:2:....:8 ______________ Facility No. _...;.8_2_:-6_1_9_
91 0-564-6681
County: Sampson
TABLE 1 -Field Specifications
Maximum
Maximum Maximum Application
Field No. Usable Application per Irrigation
and/or Size of Slope Rate Cycle
Pull No. Field Soil Type (%) Crop(s) (inlhr) (inches)
1 4.57 Au 0-2 SBDC-Wheat 0.5 1.0
2 3.98 Au 0-2 SBDC-Wheat 0.5 1.0
3 4.07 Au 0-2 SBDC-Wheat 0.5 1.0
4 5.24 Au 0-2 SBDC-Wheat 0.5 1.0
5 5.27 No A 0-2 Com-Wheat-SBDC 0.4 1.0
6 5.47 NoA 0-2 Com-Wheat-SBDC 0.4 1.0
7 1.96 Au 0-2 SBDC-Wheat 0.5 1.0
Computed By: G. Glenn Clifton
Land owner:
Irrigation System
Designation:
Wetted Diameter:
Spacing:
Hydrant Layout:
Pull Lane
Number Spacing
1 190
2 190
3 190
4 190
5 184
6 184
7 SinQie
Computed By:
Hard Hose Traveling Gun System
Elbert Pearsall Facility Number: 82-619
X Existing Irrigation System ____ New/Expanding
Irrigation System
290 feet 290 feet ----66% 63%
190 feet 184 feet ----
X Multiple Hydrants ____ Single Hydrant
Pull Location Start Stop Total
Length Ext/lnt Middle End End Acres
750 Ext 4.13 0.67 -0.23 4.57
780 lnt 3.40 0.58 3.98
800 lnt 3.49 0.58 4.07
830 Ext 4.57 0.67 5.24
850 Ext 4.62 0.65 5.27
885 Ext 4.82 0.65 5.47
225 Single 1.35 0.61 1.96
Total 30.56
G. Glenn Clifton
WASTE UTILIZATION PLAN
Producer-----:Elbert Pearsall County:Sampson
Name of Farm-:Elbert Pearsall F a rm
Location-----:997 Simmons Road
Clinton NC 28328
Phone --------:910-564 -6681
Type Operation-------------:FEED-FINISH
Number of Animal-----------: 2205
Storage Structure----------:Anaerobic Lagoon
Method of application------:lrrigation
Amount of waste produced per year ---------------:
Amount of plant available N <PAN) produced/year-:
4190 t ons/year
5072 lbs./year
The waste from your animal facility must be land applied at a
specified rate to prevent pollution of surface water and/or
groundwater. The plant nutrients in the animal waste should be use
to reduce the amount of coamercial fertilizer required for the
crops in the fields where the waste is to be applied.
This waste utilization plan uses nitrogen as the limiting
nutrient. Waste should be analyzed before each application cycle.
Annual soil tests are strongly 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:
1. Always apply waste based on the needs of the crop t o be grown
and the nutrient content of the waste. Do not apply mor e
n i trogen than the crop can utilize.
2. S o il types are important as they have di f fe r ent infiltration
rates, leaching potentials, cation exchange capacities, and
available water holding capa ci ties.
3 . Nor~ally waste shall not be applied to land eroding at more
than 5 tons per acre per year. Waste may be applied to land
eroding a t 5 or more tone per acre annu a lly, but less than
10 tons per acre per yea r providing that adequate filter
stripe are established.
4. Do not apply waste on saturate d soils, when it is raining, or
when the surface is frozen. Either of these conditions may
in runoff to the surface waters which is not allowed under DWO
regulations.
5. Wind c onditions should also be considered to av o ild dr i ft and
downwind odor problems.
6. T o maxim ize the value of th e nu t ri e nts for crop p r o du c tion a nd
to r e duce the p otential for pollution, the waste should be
appli e d to a growing crop or applied not mo re than 3 0 days
prior to pl a nting a c rop or forage s breaking dorman c y.
Inj ecting the wa ste or disking wi ll c onserv e nutrients and
reduce odor problema.
Thi s pl a n is b a sed o n the waste application method s hown above. lf
y ou ch o o se to change methods in the future, you need t o revise
thie plan. Nutrient levels for different application methods are
not the sa me.
The e s timated acres needed to apply the animal waste is based on
t ypi ca l nu trien t con tent for t h is t y pe o £ f ac il i ty. Acrea g e
requi reme nts s h o uld b e ba s ed on the wa s t e analysis re p or t fro m
y o u r wast e ma n ageme nt f ac ility. ln s om e cases you may wa n t t o h a ve
Elbert Pearsall Far~ Page 2
plant analysis made, which could allow additional waste to be
applied. Provisions shall be made £or the area receiving waste to
be flexible so as to accommodate changing waste analysis content
and the crop type. Lime must be applied to maintain pH in the
optimum range £or epeci£ic crop production.
This waste utilization plan, i£ carried out, meets the
requirements £or compliance with 15A NCAC 2H .0217 adopted by the
Environmental Management Commission.
YOUR WASTE UTILIZATION PLAN IS BASED ON THE FOLLOWING:
Tr·act Field Soil
Type
Crop
Code
Yield Lbs. N Acree Lbe. N Month to
No. No. /Acre /Unit Used Apply ----------
4911
4911
4911
4911
4911
4911
4911
4911
8903
8903
8903
8903
8903
8903
4911
4911
----------====:: ----------===== ===~= ===== ===== ------------
1
1
2
2
3
3
4
4
5
1:0 . .J
5
6
6
6
7
7
Au
Au
Au
Au
Au
Au
Au
Au
NoA
No A
NoA
No A
No A
No A
Au
Au
SBDC
w
SBDC
w
SBDC
w
SBDC
w
D
w
SBDC
D
w
SBDC
SBDC
w
18
36.7
18
36.7
18
3&.7
18
3&.7
110
51.7
33
110
51.7
33
18
3&.7
4.00 4.57
2.40 * 4.57
4.00
2.40 *
4.00
2.40 *
4.00
2.40 *
1 .07
2.40 *
4.00
1.07
2.40 *
4.00
4 .00
2.40 *
Total
3.98
3.98
4.07
4.07
5.24
5.24
2.64
2.64
2.6 4
2.74
2.74
2.74
1.96
1. 96
30.6
329 JUN-AUG
403 SEP-APR
287 JUN -AUG
293 SEP-APR
293 JUN-AUG
358 SEP-APR
377 JUN-AUG
462 SEP-APR
310 MAR-JUN
327 SEP-APR
348 JUN-AUG
322 MAR-JUN
340 SEP-APR
361 JUN-AUG
141 JUN-AUG
172 SEP -APR
Available Nitrogen (includes commercial)
Surplus Or Deficit
5123
5072
-51
Crop codee: Crop-unit
A=Barley-bu.
B =Bermudagrass<graze)-tons
C=Bermudagraes<hayl-tons
D =Corn<grain)-bu.
E=Corn<silage)-tons
F=Cotton-lbe. lint
G=Fescue(graze)-tons
H=Fescue<hay)-tone
!=Oats-bu.
J=Rye-bu.
K=Small grain<graze)-acre
L=Small grain(hay)-acre
M=Sorghum<grain)-cwt.
W=Wheat-bu.
Y=Fescue<pasture)-tons
SBDC Soybeans DC-bu.
Applying the above amount o£ waste is a big job. You should plan
time and have appropriate equipment to apply the waste in a timely
manner.
Elbert Pearsall Farm ~age ~
The applicator is cautioned that P and K may be over applied while
meeting the N requirements. In the future. regulations may require
farmers in same parts o£ North Carolina to have a nutrient
management plan that addresses all nutrients. This plan only
addresses nitrogen.
In interplanted fields (i.e. small grain, etc, interseeded in
bermudagrass>, forage must be removed through grazing, hay and/or
silage. Where grazing, plants should be grazed when they reach a
height o£ six to nine inches. Cattle should be removed when plants
are grazed to a height of four inches. In fields where small grain
etc, is to be removed for hay or silage, care should be exercised
not to to let small grain to reach maturity, especially late in
the season <i.e. April or May). Shading may result i£ small grain
gets too high and this will definitely interfere with stand of
bermudagrass. This loss of stand will result in reduced yields and
less nitrogen being utilized. Rather than cutting small grain for
hay or silage just before heading as is the normal situation, you
are encouraged to cut the small grain earlier. You may want to
consider harvesting hay or silage two to three times during the
season, depending on time small grain is planted in the £all.
The ideal time to interplant small grain, etc, is late September
or early October. Drilling is recommended over broadcasting.
Bermudagrass should be grazed or mowed to a height of about two
inches before drilling for best results.
Caution must be exercised in grazing or haying summer annuals
under stressed conditions. Nitrate poisoning may occur in
livestock. Sampling forage or hay for nitrate levels is
recommended.
Acres shown in the tables are considered to be the usable acres
excluding required buffers , filter strips along ditches, odd
areas unable to be irrigated, and perimeter areas not receiving
full application rates due to equipment limitations. Actual total
acres in the field listed may, and most likely will be, more than
the acres shown in the tables.
See attached map showing the fields to be used for the utilization
of animal waste.
SLUDGE APPLICATION:
The waste utilization plan must contain provision for periodic
land application o£ sludge at agronomic rates. The sludge will be
nutrient rich and will require precautionary measures to prevent
over application of nutrients or other elements. Your production
facility will produce approximately 794 lbs. o£ plant available
nitrogen per year in the sludge.
If you remove sludge every 5 years, you will have approximately
3969 lbs. of PAN to utilize. assuming you apply this PAN to
hybrid berffiudagraaa hayland at the rate o£ 300 lbs. o£ nitrogen
per acre, you will need 13 acres o£ land. If you apply the
sludge to corn at the rate of 125 lbs. of nitrogen per acre, you
will need 32 acres of land. Please be aware that these are
only estimates of the PAN and land needed. Actual requirements
could vary by 25% depending on your sludge waste analysis, soil
types, realistic yields, and application methods.
Elbert Pearsall Farm Page 4
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate
of the soil at the time of irrigation such that runoff or pending
occurs. This rate is limited by initial soil moisture content,
soil structure, soil texture, water droplet size, and organic
solids. The application amount should not exceed the available
water holding capacity of the soil at the time of irrigation nor
should the plant available nitrogen applied exceed the nitrogen
needs of the crop.
If surface irrigation is the method of land application for this
plan, it is the responsibility of the producer and irrigation
designer to ensure that an irrigation system is installed to
properly irrigate the acres shown in tables. Failure to apply the
recommended rates and amounts of nitrogen shown in the table may
make this plan invalid.
The following table is provided as a guide :for establishing
application r ·at-es and BlltOUn ts.
Tr·act Field Soil Crop Applic Applic IRR-2
No. No. Type Rate Amount PAN
(in/hr) <in(e)) LBS/AC
:;::====== ====== ====== ------====== ====== ------------------
4911 1 Au SBDC 0.5 1.0 72
4911 1 Au w 0.5 1.0 88
4911 2 Au SBDC 0.5 1.0 72
4911 2 Au w 0.5 1.0 88
4911 3 Au SBDC 0.5 1.0 72
4911 3 Au w 0.5 1.0 88
4911 4 Au SBDC 0.5 1.0 72
4911 4 Au w 0.5 1.0 88
8903 "' .._} No A D 0.4 1.0 117.7
8903 5 No A w 0.4 1.0 124
8903 5 No A SBDC 0.4 1.0 132
8903 E. No A D 0.4 1.0 117.7
8903 E. No A w 0.4 1 .0 124
8903 E. No A SBDC 0.4 1.0 132
4911 7 Au SBDC 0.5 1.0 72
4911 7 Au w 0.5 1.0 88
This is the maximum application amount allowed for the soil
assuming the amount of nitrogen allowed for the crop is not over
applied. In many situations the application amount shown cannot be
applied because o£ the nitrogen limit-ation. The maximum
application amount shown can be applied under optimum soil
conditions.
Elbert Pearsall Farm Page 5
Your facility is designed £or 180 days o£ temporary storage and
the temporary storage must be removed on the average o£ once every
6 months. In no instances should the volume o£ the waste be stored
in your structure be within the 25 year 24 hour storm storage or
one foot o£ freeboard e~cept in the event of the 25 year 24 hour
storm.
It is the responsibility o£ the producer and waste applicator to
ensure that the spreader equipment is operated properly to apply
the correct rates to the acres shown in the tables. Failure to
apply the recommended rates and amounts o£ nitrogen shown in the
tables may make this plan invalid.
Call your technical specialist after you receive the waste
analysis report £or assistance in determining the amount o£ waste
per acre and the proper application rate prior to applying the
waste.
NARRATIVE OF OPERATION
Page E.
WASTE UTILIZATION PLAN AGREEMENT
Name o£ Farm: Elbert Pearsall Farm
Owner/Manager Agreement
I <we> understand and will follow and implement the specifications
and the operation and maintenance procedures established in the
approved animal waste utilization plan for the farm named above. I
<we) know that any expansion to the existing design capacity of
the waste treatment and storage system or construction of new
facilities will require a new certification to be submitted to the
North Carolina Division of Water Quality <NCDWQ) before the new
animals are stocked. I Cwe) also understand that there must be no
discharge of animal waste from this system to the surface waters
o£ the state from a storm event less severe than the 25-year, 24-
hour storm. The approved plan will be filed on-site at the farm
office and at the office of the local Soil and Water Conservation
District and will be available for review by NCDWQ upon request.
Name of Facility Owner:
<Please print>
Elbert Pearsall
Signatur·e: -----"t,l'{?:;.____~-==--...,...,k:........;..:z-..~c.r..:::'..Y._,d{C=~-------Date: 3-2--9-o~
Name of Manager(!£ different from owner>:
Signatur·e: ------------------------·Date:--------
Name of Person Preparing Plan:
<Please pr·int.:)
Affiliation:
Address:
Prestage Farms, Inc.
P 0 Box 438
Clinton NC 28329
G. Glenn Clifton
Phone: [phone]
Ext. 249
Signature: __ ~AL·~¢1~~~~~-----~--~rt_~~--------------------~Date: __ ~~~I~L~'~'~·-~-----
. l _. ~: ·-
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Nutrient Management Plan
Producer: Elbert Pearsall
Address: 997 Simmons Road, Clinton, NC 28328
Telephone#: [phone]
Facility#: 82-619
Farm location: 6.0 miles south from Newton Grove on US 701 to SR1819;
Rt on SR 1819. Swine facility on left about .5 miles from US 701 .
Type Operation: Feeder to Finish
Type production
wean to feeder
feeder to finish
farrow to wean
farrow to feeder
farrow to finish
Table 1: Waste Calculations*
animal units(AU) lbs N/year
0 0
2,940 6762
0 0
0 0
0 0
Total N per year 6762
galions waste,
0
2725380
0
0
0
Total gallons waste/year 2725380
Acre inches/year 100.3675333
Total N from sludge produced/year
•calculations based on animal units with waste applied by irrigation
sludge N/yr
0
1058.4
0
0
0
1058.4
Several factors are important in implementing this plan to maximize the fertilizer value of the waste and to
ensure that the waste is applied in an environmentally safe manner. Factors induded are:
1: Always apply wastes based on crop needs and the nutrient content of the waste.
2 : Do not over apply nitrogen.
3: Do not apply wastes on saturated soils, when it is raining, or when the ground is frozen, either could
cause surface runoff.
4 : Consider wind conditions to avoid drift and down wind odor problems .
5: Wastes can only be applied to actively gr owing crops or not more than 30 days prior to planting or to
forages breaking dormancy.
6 : This plan uses nitrogen as the limiting nutrient.
7: This plan is based on wastes being applied using irrigation. If the application method is changed,
this plan will need to be revised because the nutrient content varies depending upon the application
method.
8 : Waste samples are required to be taken and analyzed at least 60 days within the application date .
9 : Soil samples are required to be taken and analyzed annually. These analyses are used to balance all
n utrients for optimum growth and to monitor metal levels in the soil, especially copper and zinc .
Page 1
:\ C\
.X ~ P, u'\ ~· '
Tract Field ~s~oiu.l ...~.T~YQ~oQe"'----""'C.._.ro""'p
8903 1 NoA Wheat
1 NoA SBDC
8903 2 Au Wheat
2 Au SBDC
8903 3 Ra Wheat
3 Ra SBDC
8903 5 Au Wheat
5 Au SBDC
SBOC=Soybeans doublecropped
Total N Used
TABLE 2: Application Agronomics ~ \D-\"l..-c:rt
Lbs N/Acre Acres Lbs N/Field Month To Apply
~ l'l.J\-12.6 -1B14.4 Sept-April I s-~2. .~
132 12.6 1663.2 Jun-Aug
~ ~ (p 6 .2 SSS.i Sept-April if I I. 2.
72 6 .2 446.4 Jun-Aug
~29-tot> 1.6 1614.4-Sept-April i k,O
132 1.6 211 .2 Jun-Aug
--Q6-'l{p') 18.7 11'9~.2 Sept-April I c.l-'21 . 'Z..
72 / 18.7 1346.4 Jun-Aug
Total Acres 39.1
Total N Used
Table 3: Nitrogen Balance
-rz .. i'-
gcec .~
seee.4
Total N Produced
Surplus or Deficit
6762
2924.4
-5ZD
• The nitrogen balance shown in table 3 should be equal to or tess than 0 to fully utilize the nutrients
produced by the swine from this farm. To produce crops at the RYE's shown may require the use
of commercial fertilizer to balance fertilization rates in crop rotations. This farm is producing
6762 lbs of nitrogen per year in the waste water and an additional 1058.4
lbs of nitrogen accumulates annually as sludge . To land apply the liquid portion in an acceptable manner
requires the irrigation system to pump and spread 2725380 total gallons annually.
Tabfe 4: Irrigation Application Rates
Application Rate Application Rate
lnches/Hr Inches/Application
0 .5 ~ /,0
Field Soil Type Crop
1 NoA Wheat
1 NoA SBDC 0.4 ~ t.O
2 Au Wheat 0.6 ~ ;.o
2 Au SBOC
3 Ra Wheat
3 Ra SBDC
0 .5 ..1...2... j • v
0 .4 1":'!'-I • 0
0 .35 ~ ,.u
5 Au Wheat 0 .6 ~ 1·0
5 Au SBOC 0.5 ~ ,.v"
The irrigation application rate should not exceed the infiltration rate of the soil at the time of irrigation such
• Page2
•
·e
•
that runoff or ponding occurs. The application amount should not exceed the available water holding
capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the
nitrogen needs of the crop.
Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on
the average of once every 6 months. In no instance should the volume of waste being stored in your
structure be higher than the upper pumping marker except in the event of a 25 year, 24 hour storm.
tt surface irrigation is the method of land application for this plan, it is the responsibility of the producer and
irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in
Table 2. Failure to apply the recommended rates and amounts of nitrogen shown in the tables make this
plan invalid.
Narrative of Operation:
The application fields as shown on the attached map are colored yellow. The ditches needing setbacks
are marked green. There is a 50' setback from highway ditches for parts of fields 1 ,2,3, and 5. There is also
a 25' setback for a ditch in field 1. Wheat will be planted in all fields in the plan in the Fall and harvested for
g;ain. Soybeans will be doublecropped after the wt.sat in all fields and harvested for grain in the Fall. This
cropping sequence will be repeated each year. The nitrogen rates used in the plan to cal:ulate the acres
required for wheat and soybeans for the listed soils were based on NRCS realistic yield expectations.
Page 3
Produ cer:
Name of Farm:
Elbert Pearsall
Elbert Pearsall Farm
Location : 997 Simmons Road
Clinton NC 28328
Phone : [phone]
Waste Utilizat ion Plan
Type of Operation : Feed-Fin ish
Number of Animal: 2205
Storage Structure: Anaerobic Lagoon
Method of Application : Irrigation
County: Sampson
Amount of waste produced per year: 4190 ton/year
Amount of plant available N (PAN) produced/year: 5072 lbs./year
On Farm Records 2067 lbs./year
The waste from your animal facility must be land applied at a specified rate to p revent
pollution of surface water and/or groundwater. The p lant nu trients in the animal waste
should be used to reduce the amount of commercial fertilizer required for the crops in the
fields where the waste is to be applied.
This waste utilization plan uses nitrogen as the li miting nutrient. Waste should be analyzed
before each application cycle . Annual soil tests are strongly encouraged so that all plant
nutrients can be balanced for realistic yields of the crop to be grown .
Several factors are important in the 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.
1. 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.
2 . Soil types are important as they have different infiltration rates, leaching potentials,
cation exchange capacities , and available water holding capacities .
3. Normally waste shall not be applied to land e roding at more than 5 tons per acre per
year. Waste may be applied to land eroding at 5 or more tons per acre annually , but
less than 10 tons per acre per year providing that adequate filter strips are
established.
4 . Do not apply waste on saturated soils , when it is raining, or when the surface is
frozen . Either of these conditions may in r unoff to the surface waters which is not
allowed under DWQ regulations.
5 . Wind conditions should also be considered to avoid drift and downwind odor problems.
6 . To maximize the value of the nutrients for crops production and to reduce the potential for
pollution, the waste should be applied to a growing crop or applied not more than 30 days
prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will
conserve nutrients and reduce odor problems.
This plan is based on the waste application method shown above. If you choose to change methods
in the f u ture, you need to revise th is plan. Nutrient levels for different applications methods are
not the same.
The estimated acres needed to apply the animal waste is based on typ ical nutrient con tent for
this type of facility. Acreage requirements should be based on the waste analysis report from
your waste management faci lity. In some cases you may want to have plant analysis made, which
RECEIVED I DENR I DVVQ
AquifP.r Prnt e~t i"" ~"'r1ion
MA R 2 5 2009
Elbert Pea rs all Farm Page 2
could a llow additional waste to be applied . Provisions shall be made for the area receiving
waste to be flexible so as to accommodate changing waste analysis content and the crop type .
Lime must be applied to maintain pH in the optimum range for specific crop production. This
waste utilization plan , if carried out, meets the requirements for compliance with 15A NCAC
2H .0217 adopted by the Environmental Management Commission.
YOUR WASTE UTILIZATION PLAN IS BASED ON THE FOLLOWING:
Tract No. Field No . Soil Type Crop
Code
4911 1 Au SBOC
4911 1 Au Wheat
4911 2 Au SBDC
4911 2 Au Wheat
4911 3 Au SBDC
49 1 1 3 Au Wheat
4911 4 Au SBDC
4911 4 Au Wheat
8903 5 No A Com
8903 5 No A Wheat
8903 5 NoA SBOC
8903 6 NoA Com
8903 6 NoA Wheat
8903 6 No A SBDC
4911 7 Au SBDC
4911 7 Au Wheat
Yield/Ac
18
36.7
18
36.7
18
36.7
18
36.7
110
51 .7
33
110
51 .7
33
18
36.7
Lbs. N Acres
unit
4.0 4.57
2.4 4.57
4 .0 3.98
2 .4 3.98
4 .0 4 .07
2 .4 4 .07
4 .0 5.24
2.4 5.24
1.07 2.64
2.4 2 .64
4 .0 2 .64
1 .07 2 .73
2.4 2 .73
4 .0 2 .73
4.0 1.96
2.4 1 .96
T o tal 30.56
On F ann Records
Surplus or deficit
Lbs N Month to
uset( Apply
3'29 APR -SEP15
402 SEP-MAR
287 APR-SEP15
350 SEP -MAR
293 APR-SEP15
3 58 SEP-MAR
377 APR -SEP15
461 SEP -MAR
311 FEB15-JUN
327 SEP-MAR
348 APR-SEP15
321 FEB15-JUN
339 SEP-MAR
360 APR -SEP15
141 FEB15-JUN
172 SEP-MAR
5178 lbs.
2067 lbs.
-3 1 11 lbs .
Lbs. N
Per Ac.
72
88
72
88
72
88
72
88
117.7
124
132
117.7
124
132
72
88
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.
Elbert Pearsall Farm Page 3
The applicator is cautioned that P and K may be over applied while meeting the N requiremen ts . In the future ,
regulations may require farmers in some parts of North Carolina to have a nutrient management plan that
addresses all nutrients. This plan only addresses nitrogen .
In interplanted fields (i.e. small grain, etc. interseeded in bermudagrass). forage must be removed through
grazing, hay and /or silage. Where grazing , plants should be grazed when they reach a height of six to nine
inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain
etc. is to be removed for hay or silage, care should be exercised not to let small grain to reach materity,
especially late in the season ( i.e. April or May) Shading may result if small grain gets too high and this will
definitely interfere with the stand of bermudagrass. This loss of stand will result in reduced yields and less
nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal
situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage
two to three times during the season, depending on the time small grain is planted in the fall .
The ideal time to interplant small grain , etc. is late September or early October . Drilling is recommended over
broadcasting . Bermudagrass should be grazed or mowed to a height of about two inches before drilling for best
results.
Caution must be exercised in grazing or haying summer annuals under stressed conditions. Nitrate poisoning
may occur in livestock. Sampling forage or hay for nitrate levels is recommended .
Acres shown in the tables are considered to be the usable acres excluding required buffers, filters strips along
ditches. odd areas unable to be irrigated, arid perimeter areas not receiving full application rates due to
equipment limitations. Actual total acres in the field listed may, and most likely will be, more than the acres
shown in the tables.
See attached map showing the fields to be used for the utilization of an i ma l waste .
SLUDGE APPLICATION:
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 nutrients
or other elements. Your production facility will produce approximately 159 lbs . of plant available
nitrogen per year in the sludge.
If you remove sludge every 5 years you will have approximately 794 lbs. of PAN to utilize . Assuming
you apply this PAN to hybrid bermudagrass hayland at the rate of 300 lbs/acre you will need 3
acres of land . If you apply the sludge to corn at the rate of 125 lbs. of nitrogen per acre you will need 6
acres of land . Please be aware that these are only estmates of the PAN and the land needed. Actual
requirements could vary by 25% depending on the sludge waste analysis, soil types. realistic yie lds, and
application methods .
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that
runoff or pending occurs. This rate is limited by in itial soil moisture content, soil structu re . soil tex ture, water
droplet size, and organic solids. The application amount should not exceed the available water holding capacity
Elbert Pearsall Farm Page4
of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of
the crop.
If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and
irrigation designer to ensure that an irrigation system is installed to properly irrrigate the acres shown in tables.
Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan
invalid.
The following table is provided as a guide for establishing application rates and amounts.
Tract No. Field No. Soil Type Crop Applic. Apptic.
Code Rate(in/hr' Amount
4911 1 Au SBDC 0.5 1.0
4911 1 Au Wheat 0 .5 1.0
4911 2 Au SBDC 0 .5 1.0
4911 2 Au Wheat 0.5 1.0
4911 3 Au SBOC 0.5 1.0
4911 3 Au Wheat 0.5 1.0
4911 4 Au SBDC 0 .5 1.0
4911 4 Au Wheat 0.5 1.0
8903 5 NoA Corn 0.4 1.0
8903 5 NoA Wheat 0.4 1.0 .
8903 5 No A SBOC 0.4 1.0
8903 6 No A Corn 0.4 1.0
8903 6 NoA Wheat 0.4 1.0
8903 6 No A SBDC 0.4 1.0
4911 7 Au SBDC 0.5 1.0
4911 7 Au Wheat 0.5 1.0
Elbert Pearsall Farm Page 5
This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the
crop is not over applied. In many situations the application amount shown cannot be applied because of the
nitrogen limitations. The maximum application amount shown can be applied under optimum soil conditions.
Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the
average of once every 6 months. In no instances should the volume of the waste be stored in your structure
be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour
storm.
It is the responsibility of the producer and the waste applicator to ensure that the spreader equipment is operated
properly to apply the correct rates shown in the tables. Failure to apply the recommended rates and amounts of
nitrogen shown in the tables may make this plan invalid.
Call your technical specialist after you have receive the waste analysis report for assistance in determining the
amount of waste per acre and the proper application rate prior to appling the waste.
NARRATIVE OF OPERATION
Acres in field(s) that have a rotation of corn, wheat, and soybeans have been divided by half to allow for the two-year
rotation.
Field{s) that have wheat in rotation, PAN has been reduced by 20 lbs. per ac. for residual N .
Elbert Pearsall Farm PageS
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
1 . Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application.
Any discharge of waste which reaches surface water is prohibited.
2. There must be documentation in the design folder that the producer either owns or has an
agreement for use of adequate land on which to properly apply waste . If the producer
does not own adequate land to properly dispose of waste , he/she shall provide a copy of
an agreement with a landowner who is within a reasonable proximity, allowing him/her the
use of the land for waste application. It is the responsibility of the owner of the facility to
secure an update of the Waste Utilization Plan when there is a change in the operation,
increase in the number of animals, method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop
yields based on soil type, available moisture, historical data, climatic conditions, and level
of management, unless there are regulations that restrict the rate of application for other
nutrients.
4 . Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste
may be applied to land that is eroding at 5 or more tons, but less than 1 0 tons per acre per
year providing grass filter strips are installed where runoff leaves the field . (See FOTG
standard 393 -Filter Strip).
5. Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when there is danger of drift from the irrigation field.
6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated
on conventionally tilled cropland . When applied to conservation tilled crops or grassland,
the waste may be broadcast provided the application does not occur during a season
prone to flooding . (See ''Weather and Climate in North Carolina" for guidance.)
7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate that runoff
does not occur offsite or to the surface waters and in a method which does not cause drift
from the site during application . No pending should occur in order to control odor or flies.
8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the
surface is frozen .
9. Animal waste shall be applied on actively growing crops in such a manner that the crop is
not covered with waste to a depth that would inhibit growth . The potential for salt damage
from animal waste should also be considered .
10 . Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a
high potentual for leaching. Waste nutrient loading rates on these soils should be held to a
minimum and a suitable winter cover crop planted to take up released nutrients. Waste
shall not be applied more than 30 days prior to planting of the crop or forages breaking
dormancy.
11 . Any new swine facility sited on or after October 1, 1995 shall comply with the following:
The outer perimeter of the land area onto which waste is applied from a lagoon that is a
component of a swine farm shall be at least 50 feet from any residenrial property boundary
and from any perennial stream or river (other than an irrigation ditch or canal. Animal
waste other than swine waste from facilities sited on or after October 1, 1995), shall not be
applied closer than 25 feet to perennial waters. (See Standard 393 -Filter Strips).
Elbert Pearsall Farm
REQUIRED SPECIFICATIONS
(continued}
12 . Animal waste shall not be applied closer than 100 feet to wells .
Page 7
13 . Animal waste shall not be applied closer than 200 feet of dwellings other than those owned
by he landowner.
14 . Waste shall be applied in a manner not to reach other property and public right-of-ways .
15 . Animal waste shall not be discharged into surface waters , drainageways, or wetlands by
discharge or by over-spraying. Animal waste may be applied to prior converted wetlands
provided they have been approved as a land application site by a "technical specialist".
Animal waste shall not be applied on grassed waterways that discharge directly into water
courses, and on other grassed waterways , waste shall be applied at agronomic rates in a
manner that causes no runoff or drift from the site.
16 . Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc ., shall
not be discharged into the animal waste management system .
17. A protective cover of appropriate vegtation will be established on all disturbed areas
(lagoon embankments, berms , pipe runs, etc.). Areas shall be fenced as necessary to
protect the vegetation . Vegetation such as trees, shrubs, and other woody species, etc.,
are limited to areas where considered appropriate . Lagoon areas should be kept mowed
and accessible. Berms and structures should be inspected regularly for evidences of
erosion , leakage or discharge.
18. If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the
possibility of an illigal discharge, pollution and erosion .
19. Waste handling structures , piping pumps, reels, etc ., should be inspected on a regular
basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be
kept on site.
20. Animal waste can be used in a rotation that includes vegetation and other crops for direct
human consumption. However, if animal waste is used on crops for direct human
consumption it should only be applied pre-plant with no further applications of animal waste
during the crop season.
21 . Highly visible markers shall be installed to mark the top and the bottom elevations of the
temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker wilt be required to
mark the maximum storage volume for waste storage ponds.
22 . Waste shall be tested within 60 days of utilization and soil shall be tested at least annually
at crop sites where waste products are applied . Nitrogen shall be the rate-determining
element. Zinc and copper levels in the soil shall be monitored and alternative crop sites
shall be used when these metal approach excessive levels . pH shall be adjusted for
optimum crop produc tion and maintained . Soil and waste analysis records shall be kept
for five (5) years . Poultry dry waste application records shall be maintained for three (3)
years . Waste application records for all other waste shall be maintained for five (5) years .
23 . Dead animals will be disposed of in a manner that meets North Carolina regulations.
PageS
WASTE UTILIZATION PLAN AGREEMENT
Name of Farm: Elbert Pearsall Farm
Owner/Manager Agreement Elbert Pearsall
I (we) understand and will follow and implement the specifications and the operation and maintenance proce-
dures established in the approved animal waste utilization plan for the farm named above. I (we) know that any
expansion to the existing design capacity of the waste treatment and storage system or construction of new
facilities will require a new certification to be submitted to the North Carolina Division of Water Quality
before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste
from this system to the surface waters of the state from a storm event less severe than the 25-year, 24 hour
storm. The approved plan will be filed on-site at the farm office and at the office of the local Soil and Water
Conservation District and will be available for review by NCDWQ upon request.
Name of Facility Owner: Elbert Pearsall
Signature: ~/ {J ~ Date: t/'-1/o&
Name of Manager (If different from owner)
Signature:-----------------------------Date : ----
Name of Person Preparing Plan: G . Glenn Clifton
Affiliation : Prestage Farms, Inc. Phone: [phone]
Address: P .O. Box 438
Clinton, NC 28329
Signature: J;l. Au--~ t'-
... !
;
I
\Vettable Acres Determination Certification
Facili ty Number: !l -pl ~
0\vncr(s) ~am ~: £l'kc.T ?cP.IL'$AL~ Phone No :91P·fc.A--~I
Mai!in£ Address: 997 '$, ""'""'-•"" J t.'b. C L• ...J To~ ,.u.... 2.&1L &
By signing this form, the facility owner and Technical Specialist acknowledge the completion of the
\Vettable Acres De te rmin:Hion. All necessary Wett abl e Acre Determination Field Data Sheets and
calculations were compkted tO conduct a Wettable Ac re Determin:uion . The facilit y"s Vo/o.ste
Utilization Plan has been amended as nece ssary to reflect actual wetted acreage. A copy of all
'.vorksheers , caiculutio ns , and other Wettable Acres Determination documents, along with the
applicable \Vaste Utilization Plan and Wettable Acre Determination Certification will be filed with
the local Soil and Water Conservation District. A copy will also be kept on site with the Certified
Animal Waste Management Plan. Any future modifications must be approved by a technical
specialist and filed with the Soil and Water Conservation District prior to implementation. If an·y
modifications to the existing irrigation system or any ne\v irrigation equipment was required to
adequately address the waste management needs of this facility , an Irrigation S pecialist or
Professional Engineer has certified the design and installation below.
Owner Nome ££7 t:»
Ow·ner SHmawre # ·· ..... ~ '
Date: tl-Z9-0"2,
Technical Specialist N ame:._..G..,_,_. _,Go..;L::;.;E=-N.;.;...:.;IJ=--C:. . ...;;.t.;....1 t:~'f·~#l-------------~--­
Technical Specialist Signature:_,Jic....:....:..'-· a!f.;;..:;.z~~=--"'C4i=' ~1'i:.:..:""":..;;_--------Date: ~ J Z 1 I 0 L
If assisted by an Irrigation Specialist or Professio nal Engineer please read and sign below:
Animal waste applicat ion equipment has been designed or modified to appl y \.vaste as necessary to
accommodate the waste manJgemenc plan :md according ro NRCS Standards. Animal wJste
Jpplic:Hion equipment has been installed ac co rd ing to NRCS Stand :u·ds and is re:..1d y for use.
Irrigation S peci Jl ist/PE Name : __________________________ _
Irrigation S pecialist/PE S i gnJ ture : ________________ Date: ______ _
\\'.\DC -7/'J'J
Suhmit this form to:
Attn: Son va A •:;.tnt
NC Division of Water Qual ity
Non -Di sch arg e Comp!ianc(! & Enforcemenr Unit
1617 i'vL..!il Service Cente r
Rakig h . NC "27699 -16! 7
Land owner:
Irrigation System
Designation:
Wetted Diameter:
Spacing:
Hydrant Layout:
Pull lane
Number Spacing
1 190
2 190
3 190
4 190
5 184
6 184
7 Single
Computed By:
Hard Hose Traveling Gun System
Elbert Pearsall Facility Number: 82-619
X Existing Irrigation System ____ New/Expanding
Irrigation System
290 feet 290 -~--feet
66% 63%
190 feet 184 _.__....;;... __ feet
X Multiple Hydrants ____ Single Hydrant
Pull Location Start Stop Total
Length Extllnt Middle End End Acres
750 Ext 4 .13 0 .67 -0.23 4 .57
780 lnt 3.40 0 .58 3 .98
800 lnt 3 .49 0 .58 4 .07
830 Ext 4 .57 0 .67 5.24
850 Ext 4 .62 0.65 5.27
885 Ext 4 .82 0 .65 5.47
225 Single 1.35 0 .61 1.96
Total 30.56
G. Glenn Clifton
On-Farm Records for Modifying a Certified Animal Waste Management Plan
Name: Elbert Pearsall
c umulative wastewater application
Yearly gallons a )plied
Pull 2004 2005 2006
1 444195 197280 147960
2 492795 177552 125766
3 534735 182504 273726
4 525015 221940 143028
5
6
7 136080 44388
Total 2132820 823664 690480
Average annual volume applied 1215655
f Summary o waste an alysis records
Lagoon 1
Month Year PAN
Feb 2004 1.8
Jun 2004 1.4
Aug 2004 1.8
Feb 2005 2.0
Jun 2005 2.4
Dec 2005 1.0
Feb 2006 1.8
Oct 2006 0.5
Dec "2006 1.6
Ave~L t~:~~~:.:.~ 1.6
Farm Ave 1.6 pounds per 1 000 gallons
Standard deviation for waste analysis= .48 x ave PAN
Standard deviation = ~ lb/1 000 gal
Range of values to include in average =
_ ___;;_;0.~8 to ~ lb/1 000 gal
R "ed ev1s f waste analysis records summaryo
Lagoon 1
Month Year PAN
Feb 2004 1.8
Jun 2004 1.4
Aug 2004 1.8
Feb 2005 2.0
Jun 2005 2 .4
Dec 2005 1.0
Feb 2006 1.8
Dec 206 1.6
Ave by L ·{:1-<.'~.~t). 1.7
Farm Ave 1.7 pounds per 1 000 gallons
1,215,655 gal x 1.70 lb PAN
yea r year 1 000 gal
IQtaiJb ~ 2.067
year
November 9, 2001
FILE MEMO
SWINE FARM COMPLAINT
Elbert Pearsall Farm, Facility No: 82-619
SAMPSON COUNTY
Complainant: Mary Bradshaw (neighbor)
910-564-203 7
A call was received on 11/9/01 at 4:00p.m. referring to a waste irrigation event that was
allowing waste to be sprayed on an adjacent occupied dwelling . The dwelling is the red
brick home on Hornrine Road next to the row crop spray field in front of the turkey
houses.
A representative from the Fayetteville Regional Office ofthe Division of Water Quality
responded to the complaint on 8/9/01 around 5:00p.m. Upon arriving at the farm site,
there was no noticeable signs that waste water had reached the home. The irrigation
event was still in progress. A visit to the spray field revealed that no waste had come
within 300 feet of the home or within 200 feet of the property line. Because of the dry
nature of the soil and the field being newly disked (spraying 30 day pre-plant for wheat
crop), any drift would have been easily noticeable. Regulations require a 200 feet
setback from an occupied dwelling not on the farm property.
Paul Sherman
. ~ .. • State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr .. Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Elbert Pearsall
Elbert Pearsall Farm
997 Simmons Rd
Clinton NC 28328
Dear Elbert Pearsall:
AVA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMEN'Tf"r~~RAL RESOURCES
October26, 1998 nc:l.IE/VED
OCT 2 7 1998
FAYETTEVILLE
REG. OFFICE
Subject: Certificate of Coverage No. AWS820619
Elbert Pearsall Farm
Swine Waste Collection, Treatment,
Storage and Application System
Sampson County
In accordance with your application received on July 29, 1998 , we are forwarding this Certificate
of Coverage (COC) issued to Elbert Pearsall, authorizing the operation of the subject animal waste
collection, treatment, storage and land application system in accordance with General Permit
A WG 100000. This approval shall consist of the operation of this system including, but not limited to,
the management of animal waste from the Elbert Pearsall Farm, located in Sampson County, with an
animal capacity of no greater than 2940 Feeder to Finish and the application to land as specified in the
Certified Animal Waste Management Plan (CA WMP).
The COC shall be effective from the date of issuance until April30, 2003 . Pursuant to this COC,
you are authorized and required to operate the system in conformity with the conditions and limitations
as specified in the General Permit, the facility's CA WMP, and this COC , with no discharge of wastes to
surface waters. An. adequate system for collecting and maintaining the r~quired monitoring data and
operational information must be established for this farm . Any increase in waste production greater than
the certified design capacity or increase in number of stocked animals above the number authorized by
this COC will require a modification to the CA WMP and this COC and shall be completed prior to
actual increase in either wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this COC, the General
Permit or the CA WMP may result in the revocation of this COC, or penalties in accordance with NCGS
143-215 .6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This
request shall be made within 30 days of notification by the Division.
This COC is not automatically transferable. A name/ownership change application must be
submitted to the DWQ prior to a name change or change in ownership.
If any parts, requirements, or limita'i:ions contained in this COC are unacceptable, you have the
right to apply for an individual non-discharge permit by contacting the engineer listed below for
P .O . Box 29535, Raleigh , North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
50% recyded/10% post-consumer paper
---·
Certificate of Coverage A WS820619
Elbert Pearsall Farm
Page 2
information on this process. Unless such a request is made within 30 days, this COC shall be final and
binding.
The subject farm is located in the Fayetteville Regional Office. The Regional Office Water
Quality Staff may be reached at (91 0) 486-1541. If you need additional information concerning this
COC or the General Permit, please contact J R Joshi at [phone] ext. 363.
cc: (Certificate of Coverage only for all cc's)
Sampson County Health Department
Sincerely,
~_,.....-A. Preston Howard, Jr., P.E.
Fayetteville Regional Office, Water Quality Section
Sampson County Soil and Water Conservation District
Permit File-Central Files
Permit File-NDPU
• •
t
•'t
State of North Carolina
RECEIVE/ffi/J
Department of Environment and Natural Resources
Division of Water Quality
Non-Discharge Permit Application Form WATEROUAI..ITYSECTJON
(THIS FG_RAI MAY fJE fHOTOc_OPif::D FOR f!SE AS AN ORIGINAL) rJIII ~ ')
General Permit-Existing L•qutd Animal Waste OperMUUJS 91998
The following questions have been completed utilizing information on file wii1P~~ilfrffase
review the information for completeness and make any corrections which are appropriate. I( a
question has not been completed by the Division, please complete as best as possible. Do not leave
any question unanswered.
1. GENERAL INF0Ri\1ATION:
1.1 Facility Name: Elbert Pearsall Farm
1.2 Print Land Owner's name: Elbert Pearsall ~~~~~~-----------------------------------------------------
1.3 Mailing address: 997 Simmons Rd ~~~~~~-----------------------------------------------------------
C ity, State: Clinton NC Zip: 28328
Telephone Number {include area code): ...::9....:1..::.0....:-5:..:6:....:4--'-6:..:6:..:8:..;1 ___________________________________________ _
lA Countywherefucili~~~cmed:~S~am~p~s~o"~------------------------------------------~
1.5 Facility Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a
copy of a county road map with the location of the farm identified): _F_a_rm __ is_on__.:.S_R_l_7'-37_. _______________ _
1. 6 Print Farm Manager's name {if different from Land Owner): __ _,-s"'-·-o_h")---=~:::_ ________________________ _
1.7 Lessee's I Integrator's name (if applicable; please circle which type is listed): --=-Pr~e..:..st=a.;::.e:e;:....:,..F=:armc:..:..:.:s;...._ ____________ _
1.8 Date Facility Originally Began Operation: ____ =f"""'-.:::"-"_...,--'--'e..-=-----''-c-'_.-c_, .....:'+ _____________________ _
1.9 Date{s) of Facility Expansion(s) {if applicable): __ _,_/...:...._'-'' "-i_fl_, --------------------------
2. OPERATION INFORMATION :
2 .1 Facility No.: _82_ (county number); _619~-(facility number).
2.2 Operation Description: Swine operation ---
Feeder to Finish
2940-Certified Design Capacity
Is th e above infonnation correct? [2Jyes; I! no. I f no , correct below using the design capacity of the facility
The "No. of Animals" shou ld be the max1mum num'Oertor which the waste manage ment strucrures were designed.
Type of Swine
Wean to Feeder
Feeder to Finish
Farrow to Wean (# sow)
Farrow to Feeder(# sow)
Farrow t o Finish (#sow)
No. of Animals Type of Poultrv No. of Animals
Layer
Non-Layer
Turkey
T vpe of Cattle No. of Animals
Dairy
Beef
Other T y pe of Livestock on the fann : ---------------~~-No . of Animals:-----------
FORM: A WO-G-E 5/28/98 Page 1 of 4 82-619
' ·'l
. • ., ~ __ .) Acreage cleared and available for application (excluding all required buffe rs and areas not c overed by the appli cation
system): : Required Acreage (as listed in the A WMP): 50 ------~ ----------
2.4
2.5
2.6
Number o~ storage ponds (circle which is applicable): ____ __,_/ ____ _
Are subsurface drains present within I 00' of any of the application fiel ds?
Are subsurface drains present in the vicinity or under the lagoon(s)?
YES o r~(ple a se circl e one)
YES o r ~0) (pl ease circle o ne)
2.7 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, N RCS S tan dards, etc .) (Swine Only)
@or NO (pl ease c ircle on e)
What was the date that this facility's swine houses and lagoon were sited? I D -; ~ -'t 7 5~ -? -~; 2 -2~~~--~--~~~~--~~------
What was the date that this facility's land application areas were sited? __ ___,_t-=o'---·.::....,(._3~--'ti'-7-L.:--------'-"-'l'----------'-7_-___,_'7-'t=---------
'
3. REQUIRED ITEMS CHECKLIST
Please indicate that you have included the following required items by signing your initials in the space provided next to each
item.
3.1 One completed and signed original and one copy of the application for Ge neral P ermit-Animal
Waste Operations;
3.2 Two copies of a general location map indicating the location of the anim a l w aste facilitie.;; and
field locations where animal waste is land applied;
3.3 Two copies of the entire Certified Animal Waste Management Plan (C A \VM P)-If th e facility
does not have a CA \\'NIP, it must be completed prior to submittal of a gen eral perm it
application for animal waste operations.
TheCA WNIP must include the following components:
3.3 .I The Waste Utilization Plan (WUP) must include the amount o f P lant Available
Nitrogen (PAN) produced and utilized by the facility.
3.3.2 The method by which waste is applied to the disposal fields (e .g . irrigatio n,
injection, etc.)
3.3.3 A map of every field used for land application.
3.3.4 The soil series present on every land application field.
3.3.5 The crops grown on every land application field.
3.3.6 The Realistic Yield Expectation (RYE) for every crop shown in the WU P.
3.3.i The PAN applied to every land application field.
3.3.8 The waste application windows for every crop utilized in the WU P .
3.3.9 The required NRCS Standard specifications.
3.3 .I 0 A site schematic.
3.3.11 Emergencv Action Plan.
3.3 .12 Insect Co~trol Checklist with chosen best management prac tices noted.
3.3 .13 Odor Conirol Checklist with chosen best rnanagen1tnt praciic es no ted.
3.3.14 Mortalitv Control Checklist with the selected method noted .
3.3.15 Lagoon/storage pond capacity documentation (design, calc ulations , etc .). P lease be
sure to include any site evaluations, wetland determinations , or hazard c lass ifi cations
that may be applicable to your facility.
3.3.16 Operation and Maintenance Plan.
If your CA W.MP includes any components not shown on this list pleas e incl ude the
additional components with your submittal.
FOR.!'\tl: A \VO-G-E 5/28/98 Page 2 of 4 82-619
Ap plicants Ini tials
£:f'
....
• -Facilitv Number: 82 -619
FacilitY Name: Eiben Pearsall Fann
4. APPLICANT'S CERTIFICATION:
b . ·') (
I, £./.vl_ r I e.u. ( .s v. I (Land Owner's name lis ted in quest ion 1.2), attest that
thi s applica tion for £ f b.\. t /)et:ot r s C < i I Far~ (Facility name listed in question 1.1)
has been review ed by me and is accurate and complete to the best of my knowledge . I understand that if all required parts of this
applic ation are n ot c ompleted and that if all required supporting infonnation and attachments are not include d, thi s application
package will ~_J t~e as incomplete.
Signature ~-jt CU'&?/ Date 7 · rJ 0 -9f'
5. MANAGER'S CERTIFICATION: (comp kte only ifdiffen:nt fr om the Land Owner)
I, (Manager's nam e li sted in qu estion 1.6), attest that this
app lic ation for (Fac ility name listed in q uestion 1.1 )
has been re viewed by me and is accurate and comp le te to th e be st of my knowledge . I understand th at if all required parts o f this
applica~ion are n o t ccmpleted a.'1d tha t if all requ ired suppo rtin g infonnati on and attachments are not included , th is appl ication
package w ill be rerumed as incomp lete .
Si gnature --------~---------------Date --------------
THE COMPLETED APPLICATION PACKAGE , INCL UDfNG ALL SUPPORTING INFORM ATION AND MATERIALS ,
SHOULD BE SE NT TO THE FOLLOWING ADDRESS :
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON-DISCHARGE PERi\HTTING UNIT
FORM: A WO-G-E 5/28/98
POST OFFICE BOX 29535
RALEIGH , NORTH CAROLINA 27626-0535
TELEPHONE NUMBER: [phone]
FAX NUMBER : [phone]
P a g e 3 of 4 82-619
..
Nu1 11 ent Management Plan
Producer: Elbert Pearsall
Address 997 S1mmons Roo li. Cltnton N C 2~1326
Teiephone # 9 10 -5~-6Ge i
Fac.:ility #. 82-619
Farm Lccation: 6 0 m1les south irom New10n Grove en US 701 to SRH319.
Rt on SR 1919 Sw1ne fa c il1ty on left at-out 5 miles from US 70 1
Type Operation: Feeder 10 F1n:sh
Table 1: Waste Calculations •
WA~~~:ITYI V E 0 secnoN
'JUL 2 91998
Non-Discha rge Permitting
Type production
wean to feeder
feeder to finish
farrow to wean
farrow ~o f eeder
farrow to finist1
an1mal units( AU J
()
tOS N/year gailons waste. S!•Jage N/yr
2_5~1j
0
0
0
Tot 31 N p-9r 1ear
0
·3?"62
0
0
0
5762
0
27 25380
0
0
0
To!al gallons waste/year 2725380
A cre i :~s :,es/y ear , 00 35 75333
Tot a! N from sludge ;J~ o:luc <::a/ ,.ear
·calculations caserJ 0!1 3llH'lal unitS W!lh waste npplierj by l(fiQCi!IO n
0
1058.4
0
G
0
i058 .4
Several factors are import~nt in Implementing th1s plan :o maximize the fenil izer varue of the wss~e and to
ensure that the was~e 1s af:'pliec in an environmer1tat1 y safe manner. Fact ors 1nc lud~ are:
1 : Always apply wastes based on ere-;:> needs an d the n utr ie n~ content cf :h e ·Nast e
2 : Do not over apply nitrogen
3: Do not app!y wastes or. saturated .:cils. ·.·.-he;J it IS rc:.r;HI Q. c: ·.vhen the gro·Jn ::i 1s fr :Jzen . e ither C-:)uld
cause surface runoff.
4 . Cons1der w ind conditions ~:J a·'c-1d C:r1it and aown ·sr r~d c C:o r ;::rcblems
5. Wastes can only be applied to ac:i•Je!y grc· .... w.g c;ops 0r not m0r e th an 30 day s ;:>nor to p!a nting or to
forages breaking dormancy
6 . This plan uses nitroge:n as the lim itt!lg nut ri ent.
7 : This plan is based on wastes be1ng applied using !fngauon lithe apc·!lcat•on m ethod is changec.
this plan w ili need to be re·1i seo because the nut nen: conte!lt ·1aries depend.ng u pon the appt icat1on
method.
8 : Waste samples are required to be taken and analyzed at least 60 days wrthin the appl ication date.
g · Sort sa mples are requ rrec to be tar.en ana analyzed annually . T h ese analyses are used to balance all
nutrients for optimum grow1h and to monitor metal level s in the so1l . especra ily co~~er and zinc.
Pa~e 1
,4plw
ow
e4

l.lt1H1pd1•dlll'11•, ''''jl,lllHII'f ltll~ /\•pHtdltll•',
v.dltl l l ~.('1 \.'HL' ,11 1d IIIIIJH ''•lllllq .lljt'~IIII~'.IHI ~1.J/
'l ~Jid.lltH:d IIU\lt u .~l lj+~lh1llll11!11l o1 lntt ·ltul,
~.u+ ve·.;
~noo <1 ooo 1000 2000 1 ooo o sono r.m-:;J-r~:EE:·:::· ;;;-~R~:r:=;r;;~t:::~~§F=~~~;;:.:-:::.·:"E==§§:-~~~§:~~~~§~::::=;:_::::=~=:c-··-·---··------· ·-rEI .. i·-·"1._ T-=:=r=m-_):;;;:t ___ .~v-·: ·-· · -: .. ~::::-:::· _ __:,;;::. -=.":'...:...._-:.\ ---·-
S<:ale - 1 :24 IHJO
~;MM'SON COIINTY. NOrHH CAilOI_INA Nl). ·I
TABLE 2: Application Agronomics
_l)J!~L _f:i~lq _ S_qiJ.Iype ___ .c.r_op _.J .. bs ... t-1/~c[~ _ _____ .4.Gres .. L!::>.s _N/Field Month To~Qly
8903 1 NoA Wheat 144 12.6
1 No A SBDC 132 12.6
8903 2 Au Wheat 96 6 .2
2 Au SBDC 72 6 .2
8903 3 Ra Wheat 120 1.6
3 Ra SBDC 132 1.6
8903 5 Au Wheat 96 18.7
5 Au SBOC 72 18.7
Total Acr es 39 .1
SBDC=Soybeans doublecropped Total N Used
Table 3: Nitrogen Balance
Total N Used
Total N Produced
Surplus or Deficit
9606.4
6762
-2924.4
1814.4 Sept-April
1663.2 Jun-Aug
595.2 Sept-April
446.4 Jun-Aug
1814.4 Sept-April
211.2 Jun-Aug
1795.2 Sept-April
1346.4 Jun-Aug
9686.4
The nitrogen balance shown in table 3 should be equal to or less than 0 to fully utilize the nu-trients
produced by the swine from this farm. To produce crops at the RYE's sh own may require the use
of commercial fertilizer to balance fertilization rates in crcp rotati ons. This f arm is prcducing
6762 lbs of nitrogen per year in the waste water and an additional 1058.4
lbs of nitrogen accumulates annually as sludge. To land apply the liquid portion i n an acceptable manner
requires the irrigation system !o pump and spread 2725380 total gallc ns annuaily .
Table 4 : Irrigation Application Rates
Application Rate Appiication Rate
_ _Ei_~ld_ Scil _"'(yp_? ___ Cr..OP--~--'r.~b~l>/.Hc lr~che.s16ppJiCqti9.D
1 N c A Wheat 0 .5 i .2
1 NoA SBDC 0.4 1.2
2 Au Wheat 0.6 1.2
2 Au SBDC 0.5 1.2
3 Ra Wheat 0 .4 1.9
3 Ra SBDC 0.35 1.9
5 Au Wheat 0 .5 1.2
5 A~ SBDC 0 .5 1.2
The irrigation application rate should not exceed the infiltra tion rate of the soii at the time of irrigatlcn such
Page 2
..
D
WASTE UTll..IZA TION PLAN AGREEMENT
Name ofFann: Elbert Pearsall
Owner/Manager Agreement
r (we) understand and will follow and implement the specifications, operation and maintenance
procedures established in the approved animal waste utilization plan for the farm named above. I
(we) know any expansion to the existing design capacity of the waste treatment and storage
system or construction of new facilities will require a new certification to be submitted to the
North Carolina Division of Water Quality before the new animals are stocked. I (we) also
understand there must be no discharge of animal waste from this system to surface waters of the
state from a stonn event less severe than the 25-year, 24 hour storm. The approved plan will be
filed on-site at the farm office and at the office of the local Soil and Water Conservation District
and will be available for review by NCDWQ upon request
Name of Facility Owner: Elbert Pearsall
(Please print)
Signature: <J'tJ[. (.'LU-t/' }G-AttS'At,L Date: ~-2s .. CJ~
Name of Manager (If different from owner):---------------
Signature: Date:----------
Name of Person Preparing Plan: Robert D Edwards
Affiliation : NCDA
Phone No . 919-523-2949
Address (Age ncy): P 0 Box 80 I
Kinston NC 28502-0801
El\IERGENCY ACTION PLi\N
PHO:\.c: ~TMBERS
DWQ [phone]
E.\fERGE:\CY ~1.4...'\iAC:EME~"T SYSTE.\I [phone]
S\1/CD [phone]
~l{CS [phone]
Thi s pl.:m will be im pie:ne:ued in the e v e:-~c that ·~;astes from your oper~rion are le:lk.ing .
overrlowin£. or runnimz off site. You should not w:Ut unc il wastes reac!l surface wate:s or
le.1Ye your prope:ty to ~onside:-that you have a probiern . You shou ld ma.lce eve:-y effcr.. •o
ensure that this does not happe:1. This pian should be postd in an ac:essibie loc:ltion for
all employees at rhe fac il ity . T.1e followi ng are scme acticn items yo u sho!.!ld take.
I. Stop the re !eJ.Se of wastes. Depending on the situation. this may or may not be
possible. Suggested responses to some possible problems are listed below.
A. Lagoon ove:tlow-possible solutions are:
a. Add soil to berm to incre:1se elevation of dam.
b. Pump wastes to fields at :m ac::epuble rate.
c. Scco all flows to the la£!ccn immediatel v.
d. Cali a pumping contractor. ·
e. Ma.l.;:e sure no surface water is entering lagoon.
B: Runoff from waste application field-act ions include:
a. Immediately s~op waste appl ication.
b. Cre:lte a te:noorJIV dive~ion to cont.J.in waste.
c. Incorpo rate waste -to reduce runoff.
d. E·1aluate and eliminate the re:lSon(s) that c:msed t he runoff.
e. E valuate the appiic:lt icn rate s for rhe field s whe:-:! runoff c c::urred.
C: Le:1bge from •he W:!.Ste pip es :l..!id sp-:nk!e:-s -ac:ion induce:
a. Step re:::c le p ump .
b. Sioo irr i£J.ti c n ou mo.
-("10·,,. -,--.1\'"' ~.--: .. il·,_.,,·;:-1, .,(.-" f"rche· die;::,.,~'=' .. \... J""' -. I,..<.J ~ ...... ·-· ~l~ ·--~-~· • ·-• -·=-·
d. R:!?:li r J.IJ l e :...~s ;::rioi to re s ~:lz-tin g pur.1ps.
~-Sto~ re~:.-c!= C!..!::lF -
r . ~~·-~·P :r ri:;:.:r:cn ~um~·-
·.... \ ::!k~ .;;J ~= :10 ~n:'h0n v~:.::1:-s .
~-5l·:..~~ -1ii :1L)\\·~ ~~: ~i:~ :~L1 u::-:~. :~·J~·h :;~. ~l =::;s. ~c ~~:iJ ::c;:.1:-:~c-r s.
·-e. Rep::tir .111 k~l.;.s prior to rest.Jning pumps.
E : Le.1k.:l~e from bJ.Se or sidewall of la~oon. One:1 thi s is se~p:lge :!.5 oppcsd :o
t1owing le:J.ks-possible action: -
:1. Dig J si:1:l.i! surr.p or ditch .away from th e e:nbank.-ne:~t to ~:1 •..::-: :til se !;;::.ge.
put in a submersible pump. and pump back to lagoon .
b. If hoks :ue cJused bv burrowim~ animals. trao or remove an irr.:1ls Jnd iiii
holes :lild compac~ v.~ith a day tYpe soil. ·
c. Have a ;::rofessicnal e·;:liuJte the conciticn or the sic e w:l!ls l.:-:.: !J.g•X :i
bcnom :lS soon as possibk .
! ::-~s-·:..e '*"t"''"'' ,.,: .;..,. S"'t.il and :-~or~"'"" c"v;o"S +•maa .. s • ._,.::,\... "' Lt. _,., ..... ._ Ul ._,l.... t' .. J.. .... ~'.' ~,..-• .... w•~l :-.
a . Did the '-'':lSre re::d: anv surface •.vare::s?
b. Accroxim::.rel v how much was re!eased a.1d for what duraricn?
c. Any damage noted, such as employee injury. fish kills, or prope~y damage?
d. ·Did the spill leave the property?
e . Does the spill have the potential to reach surface waters?
f.. Could a future rain ~vent c.luse the spill to reach surface waters?
2. Are potable Wlter wells in danger (~ithe: on or off of the proreny)?
h. How much reached surface waters?
-::. Com:tct appropriate agencies.
a. Dur:ng normal business hours. call your D\VQ (Division of Water Quality)
regional office : Phone . After hours , emergency number: 919·733·3942.
"Your phone cJ.ll should include : your name. facility, telephone number, the details
of the incidem from item 2 above, the exact 10C3rion of the facilirv, the location or
dire::::ion of mo veme:1~ of the spill, weath~: and wind conditions.· The corrective
me.1sures that have been under take:-~. and the seriousness of the s ituation .
b. If sp ill leaYes proferty or enters surfac~ waters. c:lll loc al EMS P~one nur.1ber
c. l ~s::rJ c! E~!S to c::>ntac: lccal Heal:h De:>anrne:1t.
d. Comac: CES, phone number . local SWCD office :hcne n'.lmcer
ar:d lo cJ.I ~RCS office for advice/te:::hnic3l ass i s~ance phon e :J~r.;ber
4: If none of the abov! wc rks c~il 9 i l or th~ She :iffs De~anrn e:-~t and !:<::l:ti n •;our . . .
'"'r ""'·c ·l ,......., ., ·h~~ "'nc' ,c '· f:..Jr n.ars ""'n· '·""' COn'"C' tL,.a "'fOC ... r ,,..~ ... -:,.":Or \"O U _!... V · -.;1 ~L 41 -.;;.... ,__!\. t.I J ~ ;.''-• u i..v a 1.-'"' ;_.._. .J • ..... -=---~·'---' .i. .. ,
-:.:: -·~-:-'"':' ..
·-6: Cont:..1ct th~ t~,;:hnic::tl soe:::iJ!is; wh o ceniiid the Ja~wo n 1:'\RC S. Con sultin£
r-• . • -. -.
r:"'"•n .. ,.~ e•-~ l ( ·'=·l '--i .... \..._
:1. ;\Jme: 0fr:5f eq-?f.-ct /hs>W-G
b. Phone: /'C · 9/.-~7'
7 : Impl e :ne:u procedures :::.s ad vised by D\VQ J.nd t e:hn i c~ assis~::tr:ce age:1c ies to
re~tify the d.1m:1ge. repair the system. :1nd re.:!..Ssess rhe wasre m :.mageme;~t pian to
L,:...;r. ...... :""\r ' i.a ···irk ,:alo"' f • ·~,·~, .-_ h., .... ; cr ~c ... ; !1.~~:-:-.oo.~:ns "'··" r~.~-se o ,._, __ ~.om , -ppe.:.n-= --=.:..n .
t._ . ._·· ... ·:.:::·,:-":.::· :·-..\.~-
Swine Farm Waste Management Odor Control Checldist
Suurr.: Cuuse UMI's Co M!_u_h_n_i:t_t!_(_)~l_n_•·----···--·----~~lc ~!~.·;~!!!~~!·~~!!~~~-----F<uul~h:u•l ------.-~s:-w-:i_n_~.:_p_r_m"7h-lc-·t..,..i•-,.-,--------=ra~.:--V-:-e-g-·e-l-at-:i-v_e_o __ r_w_o_t_H-:-kd. hulft:rs;
Animal ho.ly surfaces
j.'iour \IIII;~~C\
• Dirty manurc-covcrctl ;wimals
• Wt:l lllillllll c -l:uv•:rcd flums
r:;t"" ltecommcndetlbcs lmanage mcnt practi ces;
(;t' Good judgment and common se nse
P.r-nry lloors
vi""Siolletl Jlunrs;
~Waterers locate•l over slotlefl fl oors;
P.T'f:cctlcrs i ll high cntlnf so l itllloo1 s;
~Scrape manure buildup from floors;
~ hulcrllnnr vcnlilatinn !'Dr dryint~
-~·l iiiiiiiC wll c~.:-:ti_u_ll_(-:li-b----.--,...,.J-:1 i_n_c_; ------------P.('"j:IC!(IICnt m anure re mo va l hy llush, pit 1 ccharg~-.-----···-.. -----------·--····------·--
• l';ul ial 111 ic10hi;ll tlc c om pns i& inn
Vcuail.llioll cxhaml lo~II S • Vnlatil.: ga ses ;
I lusl
l11 olonr Sill f;u:cs
Flu sh !.rub
Hmh alkys
• Dust
•
•
Agi ta tion of u:cydcd I<~L~oo n
littllid while tanks arc lilliug
A gital ion tllll·ing wastewater
conveyance
or scr<tpc;
~;ntbll no r ventilation
Pi" Fa1.1 nwintcuam:e ;
r;r-l:m c icnt ;tir 111ovemcn1
~Wa s lulnwn hc tw c cn group ~; of aniu tab ;
;?f Feed aclclitivcs ;
~:ceder t:ovcrs;
p( Fcc•l delivery down s pout e x lend e rs lo kcda
covers
0 Flush t;mk covers;
0 Extend fill line s to ucar hollotu uf tanks wilh
jlllti-siphon vents
if' llmlcrOunr llu s h with mukrlloor vc nlil a ti o u
• A~itatinn uf rct:ydcd lagonn ~l!xtCIUIJcduu·ge liuc s In ncar hollnmuf pit s
li,tuid while pits urc filling with anli-siphun vents
. ---------------------------
-------:---:--~--:-----:------::--=-----:--------------·------·---------·------------------·----~--
l.ih ~tat ion~ • At ;ila&ion duri11g sump lank P.I""""Sump limk covers
lillint; mul tlrawtl o wn -------------------------------· --------
Outsi•h: drain wlll:clion • Agililliun tluring WilSicwater
ur jum:liun huxcs conveyance
A J\ II lC -t-luvemhcr II, I IJ%, I' age )
·~
----'!""'=-...... -.. ..... ..._._..;w..._....-..ew· .-...--=="'=' .. _...., _____ .. __ ;o=o_,..._ _____ ~~~-~~~~-----~-~~-""''cc.o·~~~.-..~~~-'---"'-"-'"'" .... ---... .,. .•
Source Cause DMI'• to Mlnimbc Odor Site Sped ric l'nu:liccs
~E-n~d-o~f~d~ra~i~n-p~ip-~-s-a-t------.--~A~g~•i~ta-t~io_n_d~,-,r~i,-,g-·w--a-st_e_w_a_te-r------~~~~E-·x-t-ea-,d~d~is-c~h-or_g_c_p_o~i-nt-c-,f~,-,i~p-c_s_u_n_tl_cr-11-c-a~tl-,----------------~
la~;~oon conveyance lagoon Jiquid level
Lagoon smfaL:c:s • Volatile gas c:missions; Ef"i)roper lagoon liquid capacity;
In ig;uinn spriuldcr
nn:aks
S1111 a~e tank ur ''"sin
:.otu face
!)cui ing has in srrrliu.:c
Manure, slurry ur slutl~c
sprcatlcr outlets
I Jncnvercrlmanurc,
slurry or shulbc: 1111 lkltl
sw faces
llcad i.lllimitl di~JHIS ill
Jlil:.
lru;iucr ialoJ s
• Biological mixing; ~Correct lagoon sta11up procedures;
• Agitation
• lligh pressure agitation;
• Wind •lrifl
• (';utioalmicruhi;al th:cumposilion;
• Mixing while tilling;
• Agitation when emptying
• l'allialmi.;ruhiul decumpnsition ;
• MiKing while filling;
• Agitation when emptying
• Agitation when spu::ulint~:
• Volatile gas cruissions
a-Minimum surface arca-to-volu.mc nuio;
.a-Minimum agitation when .Jmmping;
er-Mcchanical aeration;
~~vcn hiologicalallilitives
ci'""""irrigatc on dry days wi~h lillie nr 110 winrl;
~inimum recommcntlctl operating pre ss ure;
~ump intake ncar lagoon liquid su1 f;rcc;
~ump from second-stage la goon
R"'"ottom or mitllcvcllo;ulin~;
~•nk covers ;
rrllas in surf;rcc mat s of so litis;
~rovc:n biological additives nr oxidants
i'Vt!: tc ntl tlra inp ipc ou1lct s unrlcrnc:;u h liquid
level;
~nolle settled solids regularly
0 Soil injection of shu ry/shul~c:s;
0 Wash .residual manure from spreader a tier usc;
0 l'rnven hiologic01l additives m oKidanls
-,-....,---...,-,.,.-------~--------------·------·--• Volatile ~as emissions while 0 Sui I injection uf shmy/slutlges
drying 0 Soil incorporation within 4K hrs .;
• Carcass decomposition
• Carcass decompo s ition
0 Spread in thin uniform layers for raphl drying;
0 l'rovcn hinlogical odditives or oxidants
f:t?'i·~•rcr distlnsitiun nf carcasse~
C1 Cu111plclc cuvaint; of can:a~ses in llul'ial pits;
~('rupcr lncation/construclinn of ,fisposalpits
0 Sccuntlary stack humcrs
A,MOC • Nuvcmhcr II, 19%, l'at;e 4 .·
·----------
Snuu:c Cl6usc: ,. llrtWs eo Minimize Odm· Site Spcdli~ l'r:u:tkes
St~udin~,v~~-·r_a_r_o_u_n~~~----.---~~,-~~-~~-ro_I_Je-·r-d~r-a~l-a_g_e_;-------------~~~G-.r-a_d_c_a_n_d_l_a_nd--sc-a-p-e-~-.u-c-h-t-h-u-t-w-a-te-·r-t-lr-a-ir-,s---------------------------------
f•u:ilities • Microbial decomposition of away from facilities
organic mauer
h limurc tracl;ctl uuto
put,liL watls li um farm
ilCC~SS
• Poorly maintained access roads
... ,._, __
i?(" Funu access road mainlcn;mcc
Atlrlitimlilllnforrnatinn: Available hom:
S1v ir1~ hla1111re ~lar,-a-~-~-,,-,c-,,-,-;-0_2_1_10--lt-u~lc-·/~n-~~1-P-I-1 a-c~k-c-l----------------------------------------------------~~(:stt~i ,,~,,,,;-,-i-~-,~-~~-s~i,-,t-,~~~c-,,-,~-·r----------~
Swint: l'rndtu:liou Fauu l'olt:nlial Odor Sources antln~mcdics ; EBAE Fact Shccl I'I CS il-II Ali
Swine l'1111h1clion Facilily tv1anun: Management: l'itltccllalt;c-l.iigncm Treatment; EBAE 128-88 ~CStl-IIA E
Swiuc l'rutltlctiun Fad lily 1\-lamcrc Management: llnderfloor Flush -l.agelon Trc:atmcnl ; EllA E I 29-K8 ~CSil -IIA E
Lagoon Dc~i~u a111l Managwtcnl for l.ivestud: Milllllrc Treatment anti Stnmge; EBAE 103 -83 ~CSll-IIA 1:
Calihralionof Manure ancl Wastewater Apjllication Equipment; EUAE Fact ~heet NCSII-II AI ~
Courwll ing OtltJrs from Swine lluiltlings; I'll 1-33 NCSII -Swine Ext em ion
t:uvirunmcntal Assurance Jlwgrmn; ~I'J'C M;uural ~C I'm\.; l'~tuhtt:cl's Assoc
( lplions li•r ~lan ••t.:iug Odor; a rcpn11 ti01n the Swine Otlor Task Furcc ~CSI l. At;ri Cnntnluni.:alions
tht~>•lltt:c Cll tl.:cm s in Aniltl ill Manure Management : Odors arul Flies; l'lt011J7, 1995 Con!Crcncc Proceedings FlcHida Coopcr<~li vc t:xlt:usion
·.
that runoff or pendin g occurs. The application amount should net exceed the available water holding
capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the
nitrogen needs of the crop.
Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on
the average of once every 6 months. In no instance should the volume of waste being stored in your
structure be h igher than the upper pumping mari<er except in the event of a 25 year, 24 hour storm.
If surface irrigation is the method of :and application for this plan, i t is the responsibility of the producer and
irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in
Table 2 . Failure to apply the recommended rates and amounts of nitrogen shown in the tables make this
p lan invalid_
Narrative of Operation:
The application fields as shewn on the attac.i-ted map are colored yellow . The ditches :Jeeding setbacks
are marked green_ There is a 50' setback from highway ditches for parts cf fields 1.2 ,3, and 5 _ There i s also
a 25' setback for a ditch in field 1. Wheat will be plan ted i n all fields in the plan in the Fall and har1ested for
gr ain. Soybeans will be doublecropped after the wheat in all fields and harvested for grain in the FaiL Thi s
cropping sequence will be repeated each year. The nitrogen ra tes used in the plan to calculate the acres
required for wheat and soybeans for the listed soils were based on NRCS realistic yield expectations.
P age 3
Insect Control Checklist for Animal Operations
Suun:c Cuusc --------------------------------
Flmh !lulh:r s • Accunrui<Jtinn uf sulids Flush £ystc:m is d~:sij;nctl amlupcratc•l
sufticic:nlly lo rc:move accumulated snlitls from
):.utters as designed.
~ ((cmovc: bridging of IICCUmul;rtcd solids HI
discharge Lagt~ml s ill II il'ib___ --.----c-.• -u-st_c_d_S_'t_JI-i·-b-· ---------·------i2f"-. 'C7"M--a...:..inta::::in--la_g_n_u_n_s,-s-·c-·tt-l-ir-,g-· ,-,,-.,s-· i-n-s _a_n_d_p_i-ts-,-v-h-~.:r-.o.:-· -----
pest breeding is apparent to minimiJ:c the
crusting of sulitls to a tlcpth nf no mMe than 6 -
K inches nver more than JO% of snri';Jcc.
·--~~l.Cc:.~ivc Vct;~.:l ;l tiv.: • lkmy ing vcgd ill ion i7f"'<Maintain vegetative contml i1lorr1~ hanb of
lagtiClllS antlntha impoundm c nls to prevent
accumulation of decaying vegetative mallcr
along water's edge on impourulmcnt's pcrimclcr.
I iruwrh
-·-----·-----· --·----------·------------------,~"'~-llry s~,·-=s.:.h::..::'l::..:ll:.:s ___________________ _
1·\:,:do.:L, • h:cd Spill;•ll•: f.(" Dcsi~n, operate a11d u1aiut;rin li:e.t ~y~tcn1s ( .:.J~ .•
• Ac..:wuuh1lions ,,f feed resirlnes
• .. Ill'
hunl\crs ;uultrnu~;hs) to minimilc the
~cumulation nf decay in~ wastage.
P.r Clean up spilla~c on a rnutinc h as is (e .g., 7-I 0
day interval durint~ S11111111cr ; 15-30 da y iut.:rv;d
durin~ winter). "*"' ltctiUCC IIII~St . .:.ll-fC_'_il_f.:C_I_II_ll_ll_lo_ll_ic_H_I -W-i-11-:1 i_ll_ii_JI_IJ-------·-------------.. -------
ill'lllllld immcdi;rtc pel'iuu:rcr of fe ed SllliOIJ~e
an:as hy insmi ut ~ tlriliHag•: awa y flo1n :>ilL:
anti/or providing ;ulcqu a lc conwinrncnt (e .g .,
t:ovcr·c•l hin fur hrcwc1's grain ;urd si111ilar hit:h
_..)tlnisturc grain prntlucts ).
I'( Inspect Ji1r and 1·c mnvc nr hreal; up acnuntclatcd
snti,ls in tiller strips arnuntllc.:d :;lmilgc a:;
needed .
--------~------~~~~~--------~~------~~--------------~~~~~~~--~--~-----~~~~--~-----~-·-·-·~~~-~~~ _ __,.. __ Snu:.:•·~::·c:...· ---------.,...-,.;:C.:.:.Iol:.:l.:.:ls:..:·c:--:---:------::-""!P'"---_;I:....l:....M.:.I:....'s:....:..lt:....l :..:C;...:t....:ll....:ti:..:.I'.:.H.:.I.:.h:....t~;._:·c;._:'C:..:.I:....s ___________ ___:_S.il c S~~~!!i c ~~-~~~i .':~_s ---
Animalllultlini; An:a s • Accumulations ufanimal wastes Eliminate low areas that trap moislluc along
fll y t-.l anurc llandling
Systems
ancl feed wastage fences and other locations wh e re waste
• Acwmulalinns of an imal wastes
accumulates nntJ distmhancc hy auimal s is
1Wnima1.
B"'Mai!ltain fence rows and tiller 's trips ••ronrul
;mimal holding areas to mininlize
<~ccumulations of wastes (i .e ., inspect for arul
remove or break up nccumuhlletl solid s a s
tleeclell).
0 Jtcmuvc spillage on a routine basis (e.g., 7 -Ill
day intervul during summer; 15-30 tlay inter va l
during winter) where manure is loaded fnr la ncl
application or 1lisposal.
0
a
Provide fo r ;ulequatc drainagt~ amund 1n anmc
stncl;pilcs.
Inspect fnr and remove or hre a k up ac culllulatcd
wastes in filter strips around stnt:kpiles ancl
·--------------------
m:mmc handling areas iiS necllc•l.
~'---~ ........ ""'-·...:.·~·='""'-'· ---·-=--=---"'·""'-·=---====~=====-=========~-="-"-''"'--=-=="'-'-'""'"'-'' -'-..;.;..-.... ---=-=· =·=-=-=· -...... · =·-'"'-·=·===-=-.. ===-= .. ·-· ... ' . --~--,-,:.-~---'---'-'"-"'-:..:.'""-'"'-'--"-=-~"-'-=
Ftlr tllll(C in rurmal ion Clll\lacl the Coopenllivc Extension Service, D epartment of Entomology, Bnx 7613, Ntlllh Ca rol in a Stale l in i vci·si l y.
H;alcigh, NC , 276 1J5-7ltl3 .
A t-Ilt: -Nuvcmhcr II, I Y%, l'<~uc 2 . .. .
..
.. ~Iortality i\Ianagement ~1ethods
(ch~~k whic!"l merhod (s) :1re being imple:nemed)
CJ Burial three feet be ne.1ch th~ surf.1ce of th-.! !Ho und within 2...! hours a f te:-
knowledge of th~ de:::rh . T he bu ri :1i rr:usr be at fe::1 st 300 fee~ fiom :;ny fiowing
srr eJm or pub iic bod y of W:lte:-.
~~:1de:ing at a re:-~de~ ... 11g plamlicense::! unde:: C.S . 106-168.7
::J Comple:e inc :ne:-:u ic n
0 In the case of deJd poultry only. piacing in a di s posal pit of a size ;::.nd de~ig n
a;:-orv ved bv th e De:o:l.rune:"lt of Amcu lture .. . ~ . -
~ Any method which in the professio n al opinion of the St:::te Ve:e:in<L-ian would
make possibie the salvage of p:::.rt of a de::.d animal's vaiue witi:our e:-:d;::.nge:ing
human or anim::ll he:::!th. (\\.-ritte::l approval of the State Ve~e:-irrar i an must be
attached)
. .
Form IRR-2 ~
i== Ou Lagoon Liquid lrriyuliull Field Record
One Form for Each Field Per Crop Cycle ww >(/)
1\18(1{2~ I Field# ] I r-acility Nu111uer ._I __ z-"---_.:<._----="'::...:''--1_._· __ _ ~------, -~ Tr~~
Field Size (acres) =~
Farm 0~~
~
5 ~ 13' 'Z ,}.._
~~ !9crr Peo..r.::,nl/
Owner's Addre~ q q 7 g; ~n"l onJ Rc) ·
c~ I•', fo,'-N C:... .2-..Z.-3 .J..<"t
Irrigation Operator L_ o; J fJ c a 1 ~ o I I ~
Irrigation Operator's
Address ~§ 0 ,.,_,e..
Owner's Phone fl gro ~l(-laG:, <G I
!-----
Operator's Phone # <:-} ti ,........ e-
~---~~---------------
_ ~-----------,------'--F--'ro'--n'--1 '--A'--n--'h'-n-"-a'---'--'1 Waste Management Plan wLh. ~-:5 /.1. !"\ "''
Crop Type t / I necorumemled PAN I . 7:\...£.A-~. ~--z---~;-u_~l ~-__ __;:;W_ . ..:c.h__:::e..:::..cd-=--------'--.5_6=-D-=-_C-_-_____ ____J Loading (lblacre)"' (B) ,_ __ J_'-1_1_1_1_v ___ c_·_,_'e_..__ ;3 :<.. ;....) .Acre_
( 1) (2) (3) (4) (5) (G) (7) (8) (9) (10) ( 11)
Irrigation
Date Start Time End Time Total Minutes # of Sprinklers Flow nate Total Volume Volume Per W<tsle An::tlysis ' rAt~ Applied Nitrogen Balance J.
(mrnfdd/yr) (hr:rnin) (hr:rnin) (3) • (2) Operating (gal/min) (gallons) Acre (yal/ac)
PAN (IIJ/1 000 gal)
(lh/nc) (lb/m;)
(4) )( (5) )( (6) (7) +(A) [(B) )( (H)]+ 1 ,000 (0). (10)
/ /o>.tJ)q ' -Was+ e. /rr) ~ a .. :h· b '"-' .A-Jo f l'ezyuir .d :t;/,Ct-' b. ~~ c, i' nl'?
7 'J:]r:
J
0 ..p .t'"JJL
'
c ro-/, a/'\,/
Crop Cycle Totals
Owner's Signature -----------------Of.Jerator's Signature --------------------
Certified Operator (Print) ----------------Operator Certiricalion # ----------------------------------------
1 See your animal waste management plan lor sampling frequency. AI a minimum, wasle analysis is required within 60 days or land application events.
~ E nter th~ value received by subtracting co lumn (10) from (B). Continue subtracting co lumn (1 0) lrom column (11) following ench applic:~tion event.
Form IRR-2
Tract#
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone#
I gc;o 3 I Field# I
~. to<6
£/.bert fe.o.r ~a 1/
f117 ,j,'l"hwu:nl Rd.
~c.. d..) ',.. .Jr..,-u ;l.83..J..t'
q,C> £btf-t:,~<gl
•
Lagoon Liquid lrnyuliun Field Record
One Form for Each Field Per Crop Cycle
;l... Facility NU1uher ._I _ __,8._;J.... __ -__,.6.__1 -.:c; __ _ r----_-__ __j
Irrigation Operator L D ," .l f><> a r-J c; I/
Irrigation Operator's t---==.=..:-=---=-_:_=-=--'<!.._~__:_ __________ _
Address .s· £f ,..,.... e. 1--~~--~------------------------------
0perator's Pllone # ,J. a..-.., e.. ~~~--~----------------------------__j
r--------,--------___:F:....:-r~o:.:..:m~A::..:n.:.:.ir:..:.na=-:I~Waste Management Plan b' J J.. e,, t ___ ___....5~8 bC-
CrofJ Type I 1 1-/ I Recommended PAN I / 7 J
L. _,W'"'-=...:.1"\-'-"e:..::c.=-L T,___...:___·.::....S.......:;::;B:;..:t.:::~...:__(_, _______ _J Loadiny (lbfacre) = (0) L-'7-"~~~v-=---=---"-0-=C=-I"'_e.-=--_J..._-''7~.?\.~_V=----"-' __:::_c;_c=·..:...t-_.e__::::... __ _
( 1) (2) (3) (4) (5} {6} {7} {B) (9) (1U) (ll)
Irrigation
Total Volume Volume Per Wasle Analysis 1 PAN Applied Nitrogen Oalance l
Date Start Time End Time Total Minutes # of Sprinklers Flow Rate
( rmn/ d d/y r) (l1r:min) (hr:rnin) (3). (2) Operating (galfmin) (gallons) Acre (gallac)
PAN (lb/1000 yal)
(lbh1c) (lulac)
(4) )( (5) )( (0) (7) +(A) [(B) " (9)] + 1 ,OUO (B)-( 10)
'7 '.J..LI ''..-:o ~ l-/J .fe... . irr/q. o ~·o·'LI .;()()-/-re · u/re cf._ f/,, L ~ ' \ . '2 .f2 !±,_~ '· 1 ..l. -I l e.7L a a /a.~: C::.) _a, .. CC1
•' L ·r
--
Crop Cycle Totals
Owner's Signature -----------------Operator's Signature --------------
Certified Operator (Print) --------------------Operator Cer lineation # ------------------------------
' See your animal waste management plan for SaiTlptirrg frequency. At a minimum, waste analysis Is required within 60 days of land application events.
~ Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each applicAtion everrt.
• •
Form IRR-2 Lagoon Liquid lniyLlliun Field Hecord
One Form for Each Field Per Crop Cycle
(1)
Date
(mrnldd/yr)
'] -;.f-18
Fa cili ly N umlle r Ll ----==8=-:.::....<.::.._-__;0=-..l_<"j...__ __ _l
Irrigation Operator
Irrigation Operator's
/\tldress
Operator's Phone#
Lo/J P~-c. r J n
6' U'"'h e..
~Orne..
1/
From Animal Waste Management Plan c.,v)1 <!.~L.i
Crop Type r-~-/-_-,~--.L.---.J----\£J._D __ A ______ __,I Recormnended P/\N I /
. vv I e«.. T __ c:::> f-J '---_ Loading (Ill/acre) = (B) . I c'l 0 I\/ c;. ~.r e.,.
--~--Sd·D C_. 7 13.2 1'-1 / c;c.re_
(2) (3) (4) (5) (6) (7) (8) (9) (I 0) ( 1 I)
Irrigation
Star I Time End Time Total Minutes # of Sprinklers Flow Rate Total Volume Volun1e Per Waste Analysis I P/\N Applied Nitrogen 13alance 2
(hr: min) (hr:min) (3) -(2) Operating (gal/min) (gallons) /\ere (yalfac)
P/\N (IIJIIUUU gal)
(lhfac) (IIJ/ac)
(4) ~ (5) )( (G) (7) + (/\) [(B) " (n)J + 1.uoo (B) - ( 1 0)
--L.uaJ-f-c-/r~/_.t;n ..),~, \J A.Jo+ c. e.g t.Lt. ·~ c c-t ,j,·,,c e Qo~~ /CJ-:1. -~:) v.f . L)j:le. --h· a_(.u\,..,
J r
Crop Cycle Totals
Owner's Signature -----------------Operator's Siynature ----------------------
Certified Operator (Print) ---------------Operator Ce1lificaliorr # -----------------------------------
1 See your animal waste management plan lor sampling frequency . 1\t a minimum, waste analysis Is required within 60 days of land application events.
2 Enter th e value received by subtrac ting col umn (10) lromiB). Continue s ubtracting column (10) from column (11) following each llpplicalion evenl.
Form IRR-2
Tract#
Field Size (acres) = {A)
F arrn Owner
Owner's Address
Ow ner's Phone #
"L81o.3 I Fie ld# I
t_q,gCj
c. lb er r Pe.arso II
qq 7 5,/r.,...,..,on.J Rd.
c_ U, 7-t. ,..... . t.l c.. -~z J ;._g
{)to Sb~:-c.. b21
Lagoon Liquid lrriyuliun Field Hecord
One Form for Each Field Per Crop Cycle
5 Facility NumiJer I 8 ~ -0 I CJ [ _____ __,
Irrigation Operator Lo ''.s fJ e.0 r J a I I
r---~--~--=-~=-~-----------------------1 Irrigation Operator's
Address .5 r; --n e. 1 --~~--~~--------------------------------0perator's Phone fl S ({ .n-, e...
~-=~--~=------------
..------------:---------------F_r_o_m __ A_n_hn_a_I_,Waste Management Plan ,------"'u,;"""-'1 J_....,_,e"'""'c.::..::~'""·f-_____ _,,.__----=0=.::ot-~"-~=· \"'----(._=---------,
I ). J Recommended PAN I · j
Crop Type c..oh ee-f S f3 DC.-· Loading (Ill/acre)= {B) L.....!9_6=-.:...N-!.-!./---=o--=c:...;.r_c.=--____:_-_'7_.l.. __ t\_.:.l___:_/--=u=--=c.:..:..r.....:e_=-----1
(1) (2) -(3) (-1) (5) (6) (7) (3) (9) ( IU) ( 11 )
Irrigation
Total Volume Volume Per PAN Applied
.,
Date Start Time End Time Total Minutes # of Sprinklers Flow Rate Waste Analysis I f-litroyen Balance -
(rmn/dd/yr) (hr:min) (hr:rnin) (3) -(2) Operating (gal/min) (gallons) Acre (gallac)
PAN (IIJ/1 000 gal)
(lb/nc) (lb/ac)
(4) )( (5) )( (6) (7) ~· (/\) [(8) " (9)] + I ,000 (0)-(10)
2 -;,_'f.q ·-u Jcuf~ /,.. r1 '6 a litJ,·l_, »o-f-rt. Cj_u 1 'r' (' e J/h CJl.-6 ._ . I'J'~ /"lL)er ~ r~ , a t:J t ·1 V J u I
..
Crop Cycle Totals
Operator's Sig11ature Owner's Signature ----------------------------------------------------------------
Certified Operator (Print) ----------------Operator Certification # ------------------------------------
1 See you r animal waste management plan for sampling frequency. At a minimum, waste analysis Is requi red w ithin 60 days or land application events.
' Ent er the value received by s ubtracting column ( 10) from (B). Continue subtracting co lumn (10) from column (11) following each Application event.
•
Form IRR-1 Lagoon Liquid hrit~aliun Field HeconJ
For Recording Irrigation Events on Dirferent Fields
Farm Owner f--IZ.-=--_/_:;h:::....::::<=-c.:.,(,...t _ _,f_J_,e::::.:a=-'-(-'.s:o....::::...o.-----'1 J ______ _
Spreader Operator L-.:::'-:::..:o~'c.:::.-l'"---!.P_-""e-=C<"--'--'r.s:W"a.:........~t_,_l _________ ___,
r-acility Number I 8 ,J. -~I '1 C ____ __l
Tract# Field# Date Crop Type Field Size lrr igatiun Time NtHHber uf
(mrnfddfyr) (acres) Slar1 Time End Tirne Total Minutes Sprinklers Oper<1liny
·-T g'1o3 i !Vor ir r,·r. ate J I' } o.f ·t? /_PJ,t.j_/ 12 -ri/ ,,J-/I {j ··' !'(.:. ,..(
~ ,, .I
'• ., I 7..' " /I '•
._3 ,, II ,, '· ,, '·
.s-,, II '• ,, ,, '• '.
• --· ---· ··---·------~ -z;--. -....
1
OPERATION ANb MAINTENANCE PLAN
£//:;.vifT~
=# <g;.,-Ob ICj
. I· \i(':;T~~~~~~c~~~/~~£
This .lagoon is designed for 1waste tr-eatment ( permane~t -~t'or-'"cf~tJ9:( with ·
min. odor-contro·l. The tim~ r-equired for the plann~ii~ lua~Qs'tfvel to be
r-eached .(permanent + tempor-~r-y storage) may var-y due to so~1 conditions
fhtsh~ng_ operations,._and the-i amount of fresh watei:"~):~~~~~;;;~~-: .. ~~e system.
The designed 6 months tempo~~ry storage is an estimated velum~'
based on: 1) waste fr-om ani~aps; 2) excess rainfall after evapor-ation;
and 3) the largest 24 hour Qohe day) rainfall that occurs on the
average of once every 25 year;s. The volume of waste generated fr-om
a given number of animals wi~l be fairly constant thr-oughout the year .
I and from year to year. Thislestimate is based on 7 inches·of excess
rainfall which is equal to dr exceeds the highest 6 months e x cess in
a year. The average annual Jxcess rainfall is appro x imately 8 inches.
I Therefore, an average of 8 inches of excess rainfall ~ill ne~d to be
pumped each year. The 25 year rainfall will ~ot be a factor to consider
in an annual pumping cycle, but this storage volume must alway s be
avail~ble. A maximum elevation is determined in each design to begin
pumping and this is usually the outlet invert of pipe(s) from
building(s). If the outlet pipe is not install~d o~ the elevation to
begin pumping, a permanent marker must be installed on this elevatio~
to indicate when pumping should begin. An elevation must be established
to stop pumping to maintain minimum tr-eatment depth (6 feet).
Pumping can be started or stopped at any time between these two
elevations for-operating convenience as site conditions permit, such as
weather, soils, crop, and equipment in order-to apply waste without
runoff or leaching.
Land application of
method of disposal ..
cente~ pivot, guns,
taken when applying
waste water is recognized as an acceptable
Methods of application include solid set,
and traveling gun ir-rigation. Car-e should be
waste to prevent damage to cr-ops.
The following items are to be carried out:
1. It is strongl y recommended that the t~eatment lagoon be pre -
charged t o 1 /2 its capacity to pre v ent e~cessive odors during
start-~p. Pre-charging reduces the concentration of the initial
waste enter i ng tha lagoon thereby reducing odors. Solids should be
covered with effluent at all times. When precharging is complete~
fl ush buildi ng s "with recycled lagoon liquid. Fresh water s h ould net
be u sed for flushing after i ni tial filling.
~. The attached waste utili=ation plan shall be followed. This
pl~n recommends s~mpling and testing of waste (see attachment )
before land a pplication.
3. Begin pump-out of the lagoon when fluid lev el reaches elev a-
tion 46.~ as marked b y permanent marker. Stop pump-out when
the fluid l eve l reaches elevftion 44.6 or before fhe flu id dept h is
less than 6 feet deep (this prevents· the loss of favorable
bacteria). The design temporary storage, less 25 year storm
is 140328 cubic feet or 1049652 gallons. As stated before, this
vo l u me will v a ry considera bl y from year tc y e ar .
--· 4. The recommended ma)(imum amo~t_ ·to apply per irrigation is
·one (1) inch and the recommended maximum application rate is 0.3
inch per hour. . I·
5. Keep vegetation on the embankment and
lagoon mo~ed annually. Vegetatir~ &hould
areas adjacent to the
be fertilized as needed
to maintain a vigorous stand. ;
establish in vegetation. i
6 -. Rep~.ir· al"\y eroded areas or a~r-~~-s damaged by· rodents and
7. All surface runoff is to be ~verted from the lagoon to stable
outlets. : i
I 8. Keep a minimum of 25 feet of .grass vegetated buffer
waste utilization fields adjacenj~ to perennial streams.
not be applied in op·an ditches. Do not pump within 200
residence or within 100 feet of a well.
around
Waste will
feet of a
9. The Clean Water Act of 1977 prohibits the discharge of
pollutants into waters of the United States. The Department of
Environment, Health, and Natural Resources, Division of Environ-
mental Management, has the responsibility for enforcing this law.
. ;
;:~--~::(7
.· .. ;:'." ..
NAME: ELBERT PEARSALL
COUNTY: SAMPSON
TYPE OPERATION: 2940 FINISH
TOTAL REQUIRED VOLUME 580394 cu FT --------
TOTAL DESIGN VOLUME AVAILABLE 590194 cu FT --------.
ESTIMATED:
VOLUME OF LAGOON EXCAVATION 15747 cu YDS
~ --------
TOTAL EXCAVATION 15747 CU YDS
VOLUME OF PAD FILL 6440 CU YDS
VOLUME OF DAM 4261 CU YDS
TOTAL FILL 10701 CU YDS
CUT-FILL RATIO 1.47 :1
* FROM GROUND LEVEL TO 2.5 FEET BELOW THE SURFACE
OVEREXCAVATE SM MATERIAL 1.5 FEET AND BACKFI LL
WITH COMPACTED SC MATERIAL .
ESTIMATED:
VOLUME OF LAGOON EXCAVATION
FOR CLAY LINER
Job C.la.5s ll.L
147 CU YDS
. ,
j
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~·: •. ! -
. -; ~ ! .
-r·i·+ --l~·-t T ·+-
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·--'j"'t---
1
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,.~. ~ 7 .• , ...
u •.t., t
8
~-_ .. _..____ ··----------·-----------
01 ••• ~MI._.I t;1JI Milli~I\MII.
toll C....wetfan Serrice 1'\
-.;-UCi-~
. ~-7/91
PLAN OF EXCAVATED WASTE STORAGE PIT
• I
NAME: E L~£R...,-?eA~ALL-~te: 2.. Js /"3
. .
county: S4,.,Pson
-f· i
! I
I . I Address: i 1
I
I r· \ L,..., 57o' i
\ ' \ I I
\ I
/,
/
/
/
/
. I
•• tu"L19 1 ,
\
\
\
tf~.S . &wL 1W LlY. /~" i~' ·'· ~ ••o suttOII A~.,, ~~--~~~---~~---~ ·7 . /1
I lp11M Z~8 , I
I
cs. blct for 'lOt ... c:alculetf_, .
Use ot facility: WASTg MrA"T"JMEf\1 ~A§c:>azr
capacity: ' 'I tf l'ttQ$1 lona 590 I,'/-FtJ
SoU Type: W• B .
Bench !lark DescriPtion To f' e~ P., e... ""~~ Sox e a 4:''"' fT:I(
BRAQSHAw's Ho' Hpu.sE, ,
Bottom
Hor.Dal Liquid Level ·
Storaqe tor normal Precip.
KaxiJinm Liquid Level
25 yr. Stona Storaqe
crest BSW
Max.Flov Depth
Freeboard
Top ot Dam
ltooAIX
El.v.
El.ev.
(+)
Elev.
(+)
Elev.
(+)
(+)
Elev.
~,.s +, .•
+z·l .-r
-
1.0
' -111 ·5
Pt.
ft.
Ft.
Pt.
-
AVIIlAGE GROUtlll
SNIIW KATER lAL
NO CLAY
I I I
.ODITIONAL. EXCAVATION DUE TO l.INF.Rs
•
TYPICAL atos&-S&CTIOH OF
l...AOOON OOMSTRUCTlON WITH
PARTIAL·~LAY LINER
T THICK CLAY LINER
(KlHlMUt-t) :-------..~~
EXCAVATE
/OfiO
CLAY LINER
El b ~ ,.-t-Pea.r·s<l (~. .
~m.pson ~o .
AV£RAC£ CIOUIID
SANDY HA TILIAL
Nd CLAY
/· · I I
---~· ---:-· . l,;-
AVERAGE DEPTH TO CLAY X 1 • 5 FEET TtllCK X 01::-'TANCE n 3' 7,s-CUBIC FF.et = 1117 CUBIC YA&D&
27 CUBIC FRF.T/CUBIC YARDS .
_,TE: tH:N AREAS Of UNSUITABLE MATERIAL ARE ENCcUeTER£0, THEY )fill NEED TO ~ EXCAVATED A MINIMUM OF 1.5
FEET BELOW GRADE, BACKFILLED AND CONPACTED VITH A SCS APPROVED MATERIAL (SC, Cl, CH).
I
I
I
\
I
I
r ;
I
I
I
l
TYPIGAL V lEW or A OHB-STAOB ~GOON SYBTDI
..
Conflnment Building · fl. I
l'lt
Depth ... I o. 3
" Pipe (HcedeA to he ad~quately .
supported)
Bottom llevatton 3§.5
'·
EL&ER..T 'i>rA.S.t'&..'-
S All\-':aOt"' C.O.
Battled Top Blevation .,.B .S
..
SB ~1..1.
/
• ----"";""---+-·
•
!
I
I
j •
·-·---·-·-... ---··--··· __ .. ________ ~ ...... ...-.&..-----------
. I . . \ . u. S. DePart.nt of .-1culture
·Sotl COnlerYation 5erv1ce . I ...... ·: ~-...... :..--.·.;.
. · ICC-£1&.34
SeptaNar 1180
Landolmer • • ~~rri,; ~~~ CWSIFICAUOI DATA Sl)ttT :.t;-.:::~;.;· ~S~ON;;.... ___ _
..... --i·:i
C011111Jn1ty or Group NO.! Conservation Plan No. -
Estimated Depth of ,~r to tOp of Dam 8 . Ft. Length of Flood Po-ol___ Ft.
Date of Field Hazard tnvestfgatfon. __ 7...;./_1_5.;.../9_3 _____ _
. l
Evaluation by reach 'f flood plain downstre~ to the point of estimated minor effect
from sudden dam _ failure.
:: · : : :Est. Elev. :Est. Elevation
• : : · : -: K 1 nd of : Improvements : of Breach
Reach: length: Width: Slope: land Use Improvements : Above :Floodwater Above
: Flood Plain: Flood Plain
Ft. : Ft. : s Ft. Ft. WOODS
1 : 4900
2
. .
3 . . . .
. . -.
. .
. . . .
. .
. . .
. .
. .
. .
. .
. . . . . . . . . .
. . . .
Describe potential for loss of life and damage to existing or probable future cbmstream
improvements fn~n a sudden breach A $11DDFN fAll liRE Of STRIICT!!QE WILL ~OI E&IDANGER
LIFE OR DAMAGE PUBLIC TRANSPORTAION. APPROX. 4900' TO SR 1819 AND 1000' TO DWELLING
APPROX. 1000' TO TRIB. TO GREAT COHARIE CREEK
Hazard Classification of Dam (a, b, c) (see HEM-Part 520.21) _______ _
Dam Classification (I. II. III, IV, V) _________________ _
By ~0.WJ4tJ name)
e_:n
(title)
Concurred By_...,.......-.......------~""':"":""':-""1'-----(name) (title)
NOTE: 1. Instructions on reverse side.
2. Attach additional sheets as needed.
Date '7-IS .Ji 1
Date _____ _
I·
•op~rato~:EL~ERT PEARSA~~ County:
Distance to nearest residence (other
1. STEADY STATE LIVE tJIGHT
0 sows (farrow ~~ finish)
0 sows (farrow to feeder)
2940 head (finishing only)
0 sows (farrow t6 wean)
0 head (wean to l feeder)
I TOTAL STEADY STATE
SAMPSON
than owner):
X 1417
X 522
X 135
X 433
X 30
LIVE WEIGHT
2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON
Date: '02/08/94
1000.0 feet
lbs. = 0
lbs. = 0
lbs. = 396900
lbs. = 0
lbs. = 0
(SSLW): = 396900
Volume = 396900 lbs. SSLW x Treatment Volume(CF)/lb. SSLW
Treatment Volume(CF)/lb. SSLW= 1 CF/lb. SSLW
Volume = 396900 cubic feet
3. STORAGE VOLUME FOR SLUDGE ACCUMULATION
lbs
lbs
lbs
lbs
lbs
lbs
Volume = 0.0 cubic feet
4. 'TOTAL DESIGN VOLUME
SLUDGE ACCUMULATION NOT COMPUTED
AT OWNERS REQUEST. REMOVE SLUDGE
AS NEEDED.
Inside top length 370.0 feet ; Inside top width 200.0 feet
Top of di~e at elevation 48.5 feet
Freeboard 1.0 feet ; Side slopes 3.0 : 1 (Inside lagoon)
Total design lagoon liquid level at elevation 47.5 feet
Bottom of lagoon elevation 36 .5 feet
Seasonal high water table elevation 39 .0 feet
Total design vo lume using prismoidal formula
SS/ENDl SS/END2 SS/SIDEl SS/SIDE2 LENGTH
3 64.0
WIDTH
194.0 3.0 3.0
AFEA OF TOP ·
LENGTH * WIDTH =
364.0 194.0
AREA OF BOTTOM
LENG TH * WIDTH =
299.0 128.0
~ AREA OF MIDSECTION
LENG TH * WIDTH * 4
3.0 3.0
70616 (AREA GF TOP)
38144 (AREA OF BOTTOM)
DEF'TH
11.00
331.0 1~1.0 2 13164 (AREA OF MIDSECTION * 4)
CU. FT. = [AREA TO P + C4*A REA MIDS E CTION) + AREA BOTTOM]
7t)6 16. 0 2 1 3 164.0 38144.0
VOLUME OF LA GO ON AT TO TAL DE S I GN LIQUID LEVE L =
* .DEPTH/6
1.::::
590 194 CU . FT.
~--_
I •
I·
5. " TEMPORARY STORAGE REQ~IJ'ED
-i -i
ORA I NAGE AREA : j :1
Lagoon (top of d _ke)
Length* Width '1
370.0 200.~ 1 74000.0 square feet
Buildings (roof lnd
Length * Width .=
o.o 0.0
lot water)
0.0 square feet
TOTAL DA 74000.0 square feet
Design temporary storage period to be
·SA. Volume of waste produced
180 days.
Approximate daily production of manure in CF/LB SSLW 0.00136
Volume •
Volume =
396900 Lbs. SSLW * CF of Waste /Lb./Day *
97161 cubic feet
180 .days
5B. Volume of wash water
This · is the amount of fresh water used for washing floors o r volume
of fresh water us e d for a flush s y stem. Flush s y stems that re c irculatE
t h e lagoon wa ter are accou nted for in 5A.
Volume = 0 .0 gallons /da y *
Vo l ume = 1).0 cubi c fee t
5C . Volume o f r a in fa ll in e x cess of e v apo r a t ion
180 day s storage /7.48 gallons
p er CF
Use per io d of ti me when rain f all e x c eeds e v a p oration b y largest amou nt.
1 80 d ay s e x cess rain fa ll = 7 .0 in ches
VolLtrn e = 7 .0 i n * DA I 1 2 i nches per foot
Vo l u me = 4 3 166.7 cubic f eet
•
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1-
SEEDING RECOMMENDATIONS
AREA TO BE ~EEDED: -!-~ 3. 0 ACRES .
USE THE SEED MIXTUJ9 INDICATED:
0 LBS. FESCJE GRASS @ 60 LBS./ACRE
(BEST !SUITED ON CLAYEY OR WET SOIL CONDITIONS)
SEEDlNG DATES: SEPTEMBER 15 TO NOVEMBER 30
I
0 LBS. 'PEN~ACOLA' BAHIA GRASS @ 60 LBS./ACRE
(SEE 1FOOTNOTE NO. ·1) . .
SEEDING DATES: MARCH~5 TO JUNE 30
24 LBS. HULLED BERMUDA GRASS @ 8 LBS.IAC.
(SUITED FOR MOST SOIL CONDITIONS)
SEEDING DATES: APRIL 1 TO JULY 31
0 LBS. RYE GRAIN @ 30 LBS./ACRE (NURSERY FOR FESCUE}
120 LBS. RYE GRASS @ 40 LBS./ACRE (TEMPORARY VEGETATION)
SEEDING DATES: DECEMBER 1 TO MARCH 30
LBS.
APPLY THE FOLLOWING:
3000 LBS. OF 10-10-10 FERTILIZER (1000 LBS./ACRE)
6 TONS OF DOLOMITIC LIME (2 TONS/ACRE)
300 BALES OF SMALL GRAIN STRAW (100 BALES /ACRE)
ALL SURFACE DRAINS SHOULD BE INSTALLED PRIOR TO SEEDING. SHAPE
ALL DISTURBED AREA IMMEDIATELY AFTER EARTH MOVING IS COMPLETED.
APPLY LIME AND FERTILIZER THEN DISK TO PREPARE A 3 TO 4 INCH
SMOOTH SEEDBED. APPLY SEED AND FIRM SEEDBED WITH A CULTIPAC KER
OR SIMILAR EQUIPMENT. APPLY MULCH AND SECURE WITH A MULCH
ANCHORING TOOL OR NETTING.
1. PENSACOLA BAHIAGRASS IS SLOWER TO ESTABLISH THAN COMMON
BERMUDA GRASS. WHEN USING BAHIA~ IT IS RECOMMENDED THAT 8
LBS./ACRE OF COMMON BERMUDA BE INCLUQED TO PROVIDE COVER
~NTIL BAHIAGRASS IS ESTABLISHED.
----··------------------''-----
--1-
50. Vo:ume of 25 year -24 hol~ storm
--j· i
Volume 7.0 . !' I 12 inches per = J.nc es
Volume = 43166.7 cub ~ feet
foot * DA
I I
TOTAL REQUIRED TEMPORAiY STORAGE
SA. 97161 cubic feet
5B. ~316~ cubic feet
sc. cubic feet
so. 43167 cubic: feet
TOTAL 183494 cubic feet
6. SUMMARY
Total required volume 580394 cubic feet
Total design volume avail. cubic:
Min. req. treatment volume plus sludge accumulation 396900 cubic ft
At elev. 44.6 feet ; Volume is 399193 cubic feet (end pumping)
Total design ~olume less 25yr-24hr storm is 547027 cubic: feet
At elev. 46.8 feet ; Volume is 541579 cubi= feet (start pumping )
Seasonal high water table elevation 39.0 feet
7. DESIGNED BY: Jt~ C~-r-..
i\u~~.~­
r·ATE: ~Jct I~Jtf
APPROVED BY: Ji~lf)aAJ ~~
DATE: d I I' /91f
NOTE: SEE ATTACHED WASTE UTILIZATION PLAN
COMMENTS: _______________________________________________________ _
..
SPECIFICATIONS FOR CONSTRUCTION!·oF WASTE TREATMENT LAGOONS ----------------------------------------------------------
Clearing& I ~
. -t· I
All trees and brush shall be remov~d from the construction area
before any excavating or fill is a .rted. Stump~ will be removed
wi~hin the area of the foundation f the embankment and fill areas
and all excavated areas. All stumpf and roots exceeding one (1)
inch in diameter shall be removed ~p a minimum depth of one (1)
foot. Satisfactory disposition wi~l be made of all debris. The·
foundation area shall be loosened horoughly before placement of
embankment material. Lagoon site ( nd pad · site if needed) to be
stripped of topsoil (3") and stockpiled for use "on dike and "pad .
slopes (2-3"). The topsoiling quantity is in excess of amounts
specified on page one (1).
Cut-off Trench:
A cut-off trench (when specified) shall be installed as sho ~n in
the plans.
Construction:
Construction of excavated -and earthfill areas shall be performed to
the neat lines and grades as planned. Deviations from this will
require prior approval of the SCS. Earthfill shall be placed in
ma x . of 6~ lifts and not placed in standing water. Compaction shall be
performed by the construction equipment or sheeps-foot roller during
placement. The embankment of the lagoon shall be installed using
the more impervious materials. Construction of fill heights shall
include ten (10) percent for settl•ment. To protect against seepage,
when areas of unsuitable material are encountered, they will need to
be e x cavated a minimum of one (1) foot below grade and backfilled and
compacted with a SCS approved material (ie-CL,SC,CH). Refer to the soil
investigation information in the plans for special considerations.
Precautions should be taken during construction to prevent exces~ive
erosion and sedimentation.
Vegetation:
All exposed embankment and other bare constructed areas shall be
seeded to the planned type of vegetation as soon as possible. after
construction according to seeding 9pe.ci f ic~tions sheet.
..... ---
IIHer-1.44
De5igner 1
Date :
Job Number
--·-------· -·-~ ... --.-.............. _. ____ ...: .. -.. ---· __ .._.._ .. ____ ~-... -.. ·---------··· ---·--
:~. ~: .. ;,;;..h ··. ··us Depart.CMtnt. o'f Agriculture
. ·l
• PLANNED · QUANTI~Y CAL.CULATI~
prepar'ed .. for ll
ELBERT PEAR.~nLL
in ; I
SAMPSON County, North farolina.
GLENN CLIFTON I
02/08/94
529
Soil Conservation Service
Checker
Date
*****************************************************************************'*
LAGOON EXCAVATION
tt EXCAVATION •• •• FILL tt
Bot Left. Right Off-CL • CL Dist Area \lclume ·Area Volume
Width ss ss (ft.) St. a (ft.) (SqFt) (Cu.Yds) (SqFt.) (Cu.Yds)
128 3:1 3:1 86.0 0+95 1318.5 o.o
s 244.2 o.o
128 3z 1 3:1 86.0 1+00 1318.5 o.o
100 S147.B o.o
128 3:1 3:1 86.0 2+00 1329.5 0.0
100 10066.0 0.0
128 3:1 3:1 96.0 3+00 1326.3 0.0
100 14976.6 0.0
128 3:1 3:1 86.0 4+00 1325.4 o.o
16 15747.1 0.0
128 3~1 3:1 86.0 4+16 1275.0 o.o
I .
----------· ·-----------· . __ ,. .... ________________ .. _. ___ ..
DAM F!LL (continued) 02/08/94
.rap
Width
Left Right Off-CL
ss ss ( ft)
12 -. 3:1 .3&1 ss.o
CL • Sta
ll+BS
page 2
ta FILL tt
Area
(SqFt)
198..7
Volume
(Cu.Yds)
NATURAL RESOURCES CONSERVATION SERVICE
84 COUNTY COMPLEX ROAD
CLINTON, NC 28328
PHONE [phone]
UNITED STATES
DEPARTMENT OF
AGRICULTIJRE
K~ : 2.1-te ~ 7<o--r s~ I ~fl'.­
=tt <6A-o0.JCJ
This waste utilization plan is written with C/SB (corn after
soybeans) and SBDC (SQybeans double cropped.)
On the NRCS format, when these crops are designated in a
rotation or alone, the nitrogen rate or yield rate has been
reduced in the computer database prior to the calculation of
lbs AW nitrogen per acre.
Therefore, no revision of the WUP is needed.
.·
Nutrient Management Plan
Producer: Elbert Pearsall
Address: 997 Simmons Road, Clinton, NC 28328
Telephone#: [phone]
Facility#: 82-619
Farm Location: 6 .0 miles south from Newton Grove on US 701 to SR1819;
Rt on SR 1819. Swine facility on left about .5 miles from US 701 .
Type Operation: Feeder to Finish
Type production
wean to feeder
feeder to finish
farrow to wean
farrow to feeder
farrow to finish
Table 1 : Waste Calculations"
animal units(AU) lbs Nlyear
0 0
2,940 6762
0 0
0 0
0 0
Total N per year 6762
gallons waste.
0
2725380
0
·0
0
Total gallons waste/year 2725380
Acre inches/year 100.3675333
Total N from sludge produced/year
•calculations based on animal units with waste applied by irrigation
sludge N/yr
0
1058.4
0
0
0
1058.4
Several factors are important in implementing this plan to maximize the fertilizer value of the waste and to
ensure that the waste is applied in an environmentally safe manner. Factors included are:
1: Always apply wastes based on crop needs and the nutrient content of the waste.
2: Do not over apply nitrogen.
3: Do not apply wastes on saturated soils, when it is raining, or when the ground is frozen, either could
cause surface runoff.
4 : Consider wind conditions to avoid drift and down wind odor problems.
5: Wastes can only be applied to actively growing crops or not more than 30 days prior to planting or to
forages breaking donnancy.
6: This plan uses nitrogen as the limiting nutrient.
7 : This plan is based on wastes being applied using irrigation. If the application method is changed,
this plan will need to be revised because the nutrient content varies depending upon the application
method.
8: Waste samples are required to be taken and analyzed at least 60 days within the application date.
9 : Soil samples are required to be taken and analyzed annually. These analyses are used to balance all
nutrients for optimum growth and to monitor metal levels in the soil, especially copper and zinc.
Page 1
.
. .. ·-·--.. -----_..____. .. ----··-···-----.. ---~....._..__ ___ ---. -----.
TABLE 2 : Application Agronomics I
Tract Eield SQiiType Coo~ Lbs f!,!/Acr~ Acr~s Lbs N/Fi~ld MQnth Io Appl~
8903 1 NoA Wheat 144 12.6 1814.4 Sept-April
1 NoA SBDC 132 12.6 166a.2 Jun-Aug
8903 2 Au Wheat 96 6.2 595.2 Sept-April
2 Ay sene 72 6 .2 446.4 Jun-Aug
8903 3 Ra Wheat 120 1 .6 1814.4 Sept-April
3 Ra SBDC 132 1.6 211.2 Jun-Aug
8903 5 AU Wheat 96 16.7 1795.2 sept-APril
5 Au SBDC 72 18.7 1346.4 Jun-Aug
Total Acres 39.1
SBDC=Soybeans doublecropped Total N Used 9686.4
Table 3: Nitrogen Balance
Total N Used
Total N Produced
Surplus or Deficit
9686.4
6762
-2924.4
The nitrogen balance shown in table 3 should be equal to or less than 0 to fully utilize the nutrients
produced by the swine from this farm. To produce crops at the RYE's shown may require the use
of commercial fertilizer to balance fertilization rates in crop rotations. This farm is producing
6762 lbs of nitrogen per year in the waste water and an additional 1 058.4
lbs of nitrogen accumulates annually as sludge. To land apply the liquid portion in an acceptable manner
requires the irrigation system to pump and spread 2725380 total gallons annually.
Field Soil Type Crop
1 NoA Wheat
1 NoA SBOC
2 Au Wheat
2 Au SBDC
3 Ra Wheat
3 Ra SBDC
5 Au Wheat
5 Au SBOC
Table 4: Irrigation Application Rates
Application Rate
lnches/Hr
0.5
0 .4
0 .6
0 .5
0 .4
0 .35
0.6
0.5
Application Rate
lnches/Ap~lication
~ f,D·
"t:2'"' I , 0
-t:2'"" I · o
all. 1•0
'Ht-,,o
4.Q.. ,.o
rt-\·0
~ ,,v
The irrigation application rate should not exceed the infiltration rate of the soil at the time of irrigation such
Page2
that runoff or ponding occurs. The application amount should not exceed the available water holding
capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the
nitrogen needs of the crop.
Your facility is designee for 180 days of temporary storage and the temporary storage must be removed on
the average of once every 6 months. In no instance should the volume of waste being stor ed in your
structure be higher than the upper pumping marker e)(cept in the event of a 25 year, 24 hour storm.
If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and
irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in
Table 2 . Failure to apply the recommended rates and amounts of nitrogen shown in the tables make this
plan invalid.
Narrative of Operation:
The application fields as shown on the attached map are colored yellow. The ditches needing setbacks
are marked green. There is a 50' setback from highway ditches for parts of fields 1 ,2,3, and 5 . There is also
a 25' setback for a ditch in fieid 1. Wheat will be planted in all fields in the plan in the Fall and harvested for
grain. Soybeans will be doublecropped after the wr.eat in all fields and harvested for grain in the Fall. Thi s
cropping sequence will be repeated each year. The nitrogen rates used in the plan to cal::ulate the acres
required for wheat and soybeans for the listed soils were based on NRCS realistic yield expectations.
Page 3
-~~-...ii--··
WASTE UTILIZATION PLAN AGREEMEJ'\~
Name ofFann: Elbert Pearsail
Q\\ner&1anacer Agreement
1 (we) understand and \\ill follow and implement the specifications, operation and maintenance
procedures established in the approved animal waste utilization plan for the fann named above. I
(we) know any expansion to the existing design capacity of the waste treatment and storage
system or construction of new facil ities wiiJ require a new certification to be submitted to the
Nonh Carol i na Division of Water Quality before the new animals are stocked. I (we) also
understand there must be no discharge of animal waste from this system to surface_ waters of the
state from a storm event less severe than the 25 -year, 24 hour storm. The approved plan will be
filed on-site at the farm office and at the office of the local Soil and \Vater Conservation District
and will be available for review by NCDWQ upon request.
Name of Facility O"·oer: Elbert Pearsa11
(Please print)
Signature: 7e>6 £l..$E-~ r A&tz$AL.C.. Date: c. -As--Y7
Name of Manager (If different from owner):---------------
Signature: Date:----------
Name of Person Preparing Plan: Robert D Edwards
Affiliation : NCDA
Phone No. 919-523-2949
Address (Agency): P 0 Box 801
Kinston NC 28502-0801
Signature: ..... ~-=-_,-__._=------~-' ______ Date: d J p 97
...
1 l
I
~ .-. ........... \
: ·i~ mop wo~~ cornp •lctll.ly U .S. Department ol 1\ynculturc,
i •I4 Conservc1t 'i or.'Service and cooperating ayencies on 1973
otograJ.Ih~.obl<'!oined from U .S . Department ol Interior,
~ological Survey .
5000 4000
1 HH l
Scale ·1 :24000
5000
I
SAMPSON COUNTY, NORTH CAROLINA NO.4 .... ______________________________________ -· .. ---.
2
' ,.
·' jL • I .
~I:; ,· .. :
/
-'
1·-·--· ...
~-· I .
.. --
; ..
-...... ·-·-·---·--·------··• ----·~---··
WASTE OTILIZATION PLAN
REQUIRED SPECIFICATIONS
Animal waste shall not reach surface waters of che sta~e by
runoff, drift, manmade conveyances, direct application, or
direct discharge during operation or land application. Any
discharge of waste which reaches surface wate= is prohibited.
2. There must be documentation in the design folder that the
producer either owns or has an agreement for use of adequate
land on which to properly apply the waste. If the procucer does
not own adequate land to properly dispose of waste, he/she shall
provide a copy of an agreement with a landowner who is within a
reasonable proximity, allowing him/her the use of the land for
waste application. It is the responsibility of the owner of the
facility to secure an update of the Waste Utilization Plan when
there is a change in the operation, increase in the number of
animals, method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the
nitrogen needs for realistic crop yields based on soil type,
available moisture, historical data, climatic conditio~s, and
level of management, unless there are regul~tions that restrict
the rate of application for other nutrients.
4 • Animal waste shall be applied to land eroding less tha_'l 5 tons
per acre per year. Waste may be applied to land that is eroding
at 5 or more tons, but less than 10 tons per acre per year
providing grass filter strips are installed where runof= leaves
the field. (See FOTG Standard 393 -Filter Strip)
5. Odors can be reduced by injecting the waste or disking after
waste application. Waste should not be applied when there is
danger of drift_ from the irrigation field.
6 . When animal waste is to be appl:ied on acres subject to
flooding, it will be soil incorporated on conventionally tilled
cropland. When applied to conservation tilled crops or
grassland, the waste may be broadcast provided the application
does not occur during a season prone to flooding . (See •weather
and Clima~e in North Carolinaw for ·guidance.)
7. Liquid waste shall be applied at rates not to exceed tee soil
infiltra~ion rate such that runoff does not occur offsi~e or to
surface waters and in a method which does not cause drift from
the site duri ng application. No pending should occur in order
to control odor or flies.
8. Animal waste shall not be applied to saturated soils, during .
rainfall events, or when the surface is frozen.
9. Animal wast~ shall be applied on activ~ly growing crops in such
a ma~~er ~hat the crop is not cove~ed with waste to a cepth that
would i n~~bit g ~owth . The potential for salt damage f =:m animal
waste shc~ld al s o be con sidered.
. . I
-.. -, -.
' . .
----~--------------------'-"--------. --~-.........,...-
---.. --.----'-------~---------____ _... __
WASTE UTJ:LIZATJ:ON PLAN
!EOUIREP SPECIFICATIQNS
10. Waste nucrients shall not be applied in fall or winter for
spring planted crops on soils with a high potential for
leaching . Waste nutrient loading rates on these soils should be
held to a minimum and a suitable winter cover crop planted to
take up released nutrients. Waste shall not be applied more
than 30 days prior to planting of the crop or forages breaking
dormancy .
11. Any new swine facility sited on or after October 1, 1995 shall
comply with the following: The outer perimeter of the land area
onto which waste is applied from a lagoon that is a component of
a swine farm shall. be at least 50 feet from any residential
property boundary and from any perennial stream or river (other
than an irrigation ditch or canal. Animal waste other than
swine waste from facilities sited on or after October 1, 1995),
shall not be applied closer than 25 feet to perennia~· waters.
(See Standard 393 -Filter Strips) .
12. Animal waste shall not be applied closer than· 100 feet to
wells.
13. Animal was~e shall not be applied closer than 200 feet of
dwellings other than those owned by the landowner.
14. Waste shall be applied in a manner not to reach other property
and public right-of-ways.
15. Animal waste shall not be discharged into surface waters,
drainageways, or wetlands by a discharge or by over-spraying.
Animal waste may be applied to prior converted cropland provided
they have been approved as a land application site by a
•technical specialist•. Animal waste shall not be applied on
grassed waterways that discharges directly inton water courses,
and on other grassed waterways, waste shall be app~ied at
agronomic rates in a manner that causes no runoff or drift from
the site.
16. Domestic and industrial waste from washdown facilities,
showers, toilets, sinks, etc., shall not be discharged into the
animal was:e management system.
17. A protective cover of appropriate vegetation will be
established on all disturbed areas (lagoon embankments, berms,
pipe runs, etc.). Areas shall be fenced , as necessary, to
protect th~ vegetation . Vegetation such as trees, shrubs, and
other woody species, etc., are limited to areas where considered
appropriate. Lagoon areas should be kept mowed and accessible .
Berms and structures should be inspected regularly for evidence
of erosior-, leakage or discharge.
w •
. . .
. ' .. ~·. _ ........ ___ ... _ ... -~--.-:.-.-•. ~------
WASTE t1TILIZATION PLAN
REQUIRED SPECifiCATIONS
.
18. If ~,imal production at the facility is to be suspended or
termi~ated, the owne~ is responsible fer oc~aining and
implementing a •closure plan~ which will eliminate the
possibility of an illegal discharge, pollution -and erosion.
~9. Waste handling structu~es, piping, Dumos, reels, etc., should
be inspec~ed on a regular basis to pre~ent breakdowns, leaks,
and spills. A regular maintenance checklis~ should be kept on
site.
20. Animal waste can be used in a rotation that includes vegetables
and other crops for direct human consumption. However, if
animal waste is used on crops for direct human consumption it
should only be applied preplant with no fu~ther applications of
animal waste during the crop season. -
2~. Highly visible markers shall be installed to mark the top and
bottom elevations of the temporary storage (pumping volume) of
all waste treatment lagoons. Pumping shall be managed to
maintain the liquid level between the markers. A marker will
be require9 to mark the maximum storage volume for waste
storage ponds .
22. Waste shall be tested within 60 days of utilization and soil
shall be tested at least annually at c~op sites where waste
products are applied. Nitrogen shall be the rate -determining
element. Zinc and copper levels in the soils shall be
monitored and alternative crop sites shall be used when thes
metals approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste
analysis records shall be kept for five years. Poultry dry
waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be
maintained for five (5) years.
23. Dead animals will be disDosed of in a manner that meets North
Carolina regulations. •
..
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. -~·
•• .• 4
. ,;..•
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Y.. \), u'\ 1· \
Tract
8903
8903
8903
8903
Field Soil Type
1 NoA
1 NoA
2 Au
2 Au
3 Ra
3 Ra
5 Au
5 Au
Cro,P-
Wheat
SBDC
Wheat
SBDC
Wheat
SBDC
Wheat
SBDC
TABLE 2 : Application Agronomics ~ \D-\4.-q-&
Lbs N/Acre Acres Lbs N/Field Month To Appl~
~t2.1f 12.6 -1614.4 Sept-April Is-"~ .q._
132 12.6 1663.2 Jun-Aug
~ 'l (p 6 .2 59!.I Sept-April 't II. 2.
72 6 .2 446.4 Jun-Aug
~tot> 1 .6 1614.4 Sept-April 1 ~o
132 {p 1.6 211 .2 Jun-Aug
--.Q6-'1 18.7 11~~-2 Sept-April I cf.'2.J. Z..
72 18.7 1346.4 Jun-Aug
Total Acres 39.1
SBDC=Soybeans doublecropped Total N Used
Table 3 : Nitrogen Balance
1'Z.ti -z..
Total N Used 9686.+
Total N Produced 6762
Surplus or Deficit ---292 4.4 -s-z. 0
The nitrogen balance shown in table 3 should be equal to or less than 0 to fully utilize the nutrients
produced by the swine from this farm. To produce crops at the RYE's shown may require the use
of commercial fertilizer to balance fertilization rates in crop rotations. This farm is producing
6762 lbs of nitrogen per year in the waste water and an additional 1058.4
lbs of nitrogen accumulates annually as sludge. To land apply the liquid portion in an acceptable manner
requ ires the irrigation system to pump and spread 2725380 total gallons annually.
~jg_ Soil T~pe ___l;_rg.Q
1 NoA Wheat
1 NoA SBDC
2 Au Wheat
2 Au SBDC
3 Ra Wheat
3 Ra SBDC
5 Au Wheat
5 Au SBDC
Table 4 : Irrigation Application Rates
Application Rate
lnches/Hr
0 .5
0.4
0 .6
0 .5
0.4
0.35
0 .6
0 .5
Application Rate
Inches/Application
~ /,0
1:'2'"' I , 0
-1":'2"" j . 0
., ") . 0
~,.
t:'!t'-I I 0
~ ,.o
~ \·0
~ t ,'D '
The irrigation application rate should not exceed the infiltration rate of the soi l at the time of irrigation such
Page 2 El.~~~
9 9 7 cl,L n'l.>">)O;?J A d .
~n i /'\..; N. C... .)...8 3 ;J...'g
I·
~p~rator:ELEERT PEARSA~L -I : County: SAMPSON Date: .02/08/94
Distance to nearest residence (other than owner): 1000.0 feet -i"l
1. STEADY STATE LIVE [TIGHT
0 sows (farrow t~ finish)
0 sows (farrow to feeder)
I 2940 head (finishing only)
0 sows (farrow t6 wean j
0 head (wean tojfeeder)
TOTAL STEADY STATE
:<
X
~<
" ,.._
X
LIVE
1417
522
135
433
30
WEIGHT
lbs. = 0 1 bs
lbs. = 0 lbs
lbs. = 396900 lbs
lbs. = 0 lbs
lbs. = 0 lbs
(SSLW): = 396900 lbs
2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON
Volume = 396900 lbs. SSLW x Treatment Volume(CF)/lb. SSLW
Treatment Volume(CF)/lb. SSLW= 1 CF /lb. SSLW
VolLtme = 396900 cubic feet
3. STORAGE VOLUME FOR SLUDGE ACCUMULATION
••
••
Volume = 0.0 cubic feet
'TOTAL DESIGN VOLUME
SLUDGE ACCUMULATION NOT COMPUTED
AT OWNERS REQUEST. REMOVE SLUDGE
AS NEEDED.
Inside top length 370.0 feet Inside top width 200.0 feet
Top of dike at elev~tion 48.5 feet
Freeboard 1.0 feet ; Side slopes 3.0 : 1 (Inside lagoon)
Total design lagoon liquid level at elevation 47.5 feet
Bottom of lagoon elevation 36.5 feet
Seasonal high water table elevation 39.0 feet
Total design volume using prismcidal formula
SS/ENDl SS/END2 SS /S IDEl SS/SIDE2 LENGT H
364.0
WIDTH
1 94.0 3.0 3.0
APEA OF TOP
LENGTH * WIDTH =
364.0 194.0
AREA OF BOTTOI'1
LENGTH * WIDTH =
2 "78. () 128.0
~ AREA OF MIDSECTION
LENGTH t WiqTH * 4
3.0 3.0
70616 (A REA GF TOP)
38144 (AR EA OF BOTTOM )
DEF'TH
11 .00
331. o 10:1. o 213164 (AREA OF MIDSECTION * 4 )
CU. FT. = [AREA TOP + (4*AREA MIDSECTION ) + AREA BOTTOM] * DEPTH /6
70616.0 2 13164.0 38144.0 ..4 •••
..i. " : :~·-
VOLUME OF LAGOON AT TO TAL DESIGN LIQUI D LE VEL = 5'70 1 94 CU. FT.·-
L~
I I.
·~ TEMPORARY STORAGE REQJIRED 5. I .
-i·l
'
ORA I NAGE AREA : I I
Lagoon (top of dike)
Length* Width '~
370.0 20o.o j 74000.0 square feet
I .
j
Buildings (roof lnd lot water)
Length * Width .=
0.0 0.0 0.0 squar~ feet
TOTAL DA 74000.0 square feet
Design temporary storage period to be
·SA. Volume of waste produced
180 days.
..
Approximate daily production of manure in CF/LB SSLW 0.00136
-Volume =
Volume = 396900 Lbs. SSLW * CF of Waste/Lb./Day *
97161 cubic feet
180 days
•
58. Volume of wash water
This · is the amount of fresh water used for washing floors or volume
of fresh water used for a flush s y stem. Flush systems that recirculate
the lagoon water are accounted for in 5A.
Volume = 0.0 gallons /d a y * 180 days storage/7.48 gallons
0er CF
Volume = o.o cubic feet
5C. Volume of rainfall in excess of evaporation
Use period of time when rainfall e x ceeds e v aporation b y largest amount .
180 days e x cess rainfall = 7 .0 inches
I.Jo l Ltme = 7.0 in * DA I 12 i n ches per fo ot
Vo l um e = 4 3 1 66 .7 cubic feet
••
•
•
i ' \ . U. S. DeplrtNnt of Agr1cu1 ture
_ SoH Conservation ~rv1ce
!
.-......... : ..
~ ... -. . '· -.,
· NC-£MG-34
September 1980
Landowner ~~.;£RT PU~~RD CLASSIFICATIOII DATA Sf!EET ~o;___.:S;;;.AMP.;;..;;..:S;.:O;.:;.N ____ _
. .. • i· :
Community or Group No.I Conservation Plan No. ·
Estimated Depth of ,t!fr to TOp of Dam 8 . Ft. Length of Flood Poo_l___ Ft.
Date of Field Hazard tnvestigation 7/15/93
I ---~~~----------
' Evaluation by reach ~f flood plain downstre~ to the point of estimated minor effect
from sudden dam failure. . ! .. . . . . . . . :
Reach: length: Width: Slope: Land Use
: Ft.
1 : 4900
2
3
Ft. WOODS
. . .
Kind of
Improvements
: Est. Elev. :Est. Elevation
: Improvements : of Breach
Above :Floodwater Above
Flood Plain: Flood Plain
. .
Ft. Ft.
. . .
. .
Describe potentia 1 for loss of life and damage to existing or probable future downstream
improvements from a sudden breach A SIIOOFN FAil !IRE OF STIWCTI!RE WILL NOT HIDUJGER
LIFE OR DAMAG E PUBLIC TRANSPORTAION. APPROX. 4900 1 TO SR 1819 AND 1000 1 TO DWELLING
APPROX. 1000' TO TRIB. TO GREAT COHARIE CREEK
Hazard Classification of Dam (a, b, c) (see NEM-Part 520.21) _______ _
Dam Classification (I, II. III, IV, V) ___________________ _
By --uOA (Y}u/ name} e..~ (title)
Concurred By_-.----------..~..,............-----{name) (title)
NOTE: 1. Instructions on reverse side.
2. Attach additional sheets as needed.
Date '7-1 S-.tf i
Date. _____ _
• • •• f,.:
c:. t->
~. •' .. . z. 1 \!"l .. ,
·!· I. ·r. ·. ·1:1.8 ., s:. C>
1'7l ·•-/0 _.
~·r--·-------.. -~--·--------
·H."/ 'f-1 ,6 ··
;j
•f :,r '
i r • ,,., .-= .. , ........
..
•
TYPICAl, VIEW OF A ONR·STAOE ~GOON SYSTEI-1
ll,. I Confinment Building Bettled Top Blevation '+f .S
?.@n f~D ~~.o
r t: Y.c:.. 8
/
L......,;:;: = ~ ---: :: ---': - - - -·~=s~-O=UT=L:BT:.....:.P_:lP::_:E:...:_RL:EV~. ----------------1 --........ '
l'l t
" Pipe (Ncedti to he ad~quately .
supported)
Bottom atevation FZb·5
TREATMENT
LAGOON
Depth a:a I 0 . 3
ss
-·------~· --.
•
..
•
•
•
U. ;j;. IO&PIUIIMAI ~ Mii&I~IU.C.
SOH ~tfon lwvfce
I .,.
PLAN OF EXCAVATED WASTE STORAGE ~IT
.. !
M;-t:Mi.""'
....,_ 7191
NAME: E. LB£~.:,-?eA~AL.t.. nate: 2-J-s I "3
. .
county: SA""'Pso" -:· i I .
Address: 1 j
f
I
.. Ill lUilE ,_L Ta 1 '
/
'f~.s _ an. • a.n. /
/~ ..
/_ ....
/~~ ~
------!! LS!!!!_OII_ ----_.,. ". y
. /1
I \.£11§1M Z,8 , I •j
cs-bKit fol' 'fOl~ calcut•tfaN)
/
/
/
trse ot :tacili'ty: WASTe ~E"AT"Jt'IEnT" ~A6~on
capacity: . 'f 4f /lf W 5 l Giilona 590 I ~ '1-P't3
Soil Type!~W£4~~~~~~------------------------------BanQ J!ark Description (Of> I!J~ '"'-'-Pi.VG 8ox p Q $£"" i'T:!(
aRAOS HAw's HD6 HOUSE. b
I~I
Bottom Xlev. a'".s
Normal Liquid Level BJ.ev. "f,. 8
Storaqe :tor ncrma1 Precip. (+) Ft.
Maxiw.m Liquid Level Elerv . +C.. I,
25 yr. Storlll Storac;e (+) .~ Pt.
crest BSW Elev.
Max. Flow Depth ' (+) -Ft.
Freeboard (+) 1.0 Ft.
·Top o! Dam Elev. i oft').~
•
AVUAGE GR OU!lll
SAIID'l MATERIAL
NO CLAY
----,~-----;r-----~~~-
SANDY CLAY-CLAY
1. 5 FEET TtllC
CLAY LlNf!R
ADDITIONAL' EXCAVATION DUE TO LINER :
•
TYPICAL alOS$;-S&CflON OF
LA.OOON OOHSTR.UCTION WlTit
PARTIAL·CLAY LINER
T THICK CLAY LINER
( MlNIHUl"!) :-----_...a
EXCAVATE
.. 7 ./
CLAY LINER
El be,.--~ Pea. U
So.~$'01'\ ~0 .
SANDY CLAY-CU.Y
_!~. ---· -. ~--·
AVERAGE OEP'fll TO t:LAY X 1.5 FEET THICK X DISTANCE .,. 3' 7,s-CUDIG FEin' ;;;: IJ./7 CUBIC YAJlD6 .
. 27 CUBIC FRET/CUBIC YARDS .
IOTE: WHEN AREAS Of UNSUITABLE MATERIAL ARE ENCOUNTERED, THEY ~Ill NEED TO a£ EXCAVATED A MINIMUM Of 1.5
FEET BELOW GRADE, BACKFILLED AND COMPACTED VITH A SCS APPROVED MATERIAl (SC, Cl, CH).
-1,.
•
SD. Vo:ume of 25 year -24 hol~ storm
L :
~
_,. i
. I Volume = 7.0 inc/is I 12 inches per
Volume 43166.7 = cub~Cl feet
foot * DA
I I
TOTAL REQUIRED TEi1PORA~Y STORAGE
I
SA. 97161 cubic feet
5B. 1 0 cubic feet
5C. ,3167 cubic feet
SD. 43167 cubic feet
TOTAL 183494 cubic feet
6. SUMI'lAR Y
•
7.
••
Total required volume 580394 cubic feet
Total design volume avail. 590194 cubic feet
Min. req. treatment volume plus sludge accumulation 396900 cubic f t
At elev. 44.6 feet ; Volume is 399193 cubic feet (end pumping)
Total design volume less 25yr-24hr storm is 54 7 027 cubic feet
At elev . 46.8 feet ; Volume is 541579 cubic feet (start pumping )
Seasonal high water table elev at i on 39.0 feet
DESIGNED :S Y :
DATE:
APPROV ED B Y : ~VJJ'T')aA) cz ~
DA T E: ~ I I~ /'If'
NO TE : S EE ATTA CHED WA STE UT I LI ZATION PLAN
COMMEN TS : _________________________________________________________ __
------·-·---·--·
•
l
I
I
•
•
NAME: ELBERT PEARSALL
COUNTY: SAMPSON
TYPE OPERATION: 2940 FINISH
TOTAL REQUIRED VOLUME 580394 cu --------
TOTAL DESIGN VOLUME AVAILABLE 590194 cu
--------
ESTIMATED:
VOLUME OF LAGOON EXCAVATION 15747 cu
--------
TOTAL E XCAV ATION 15747 cu --------
VOLUME OF PAD FILL 6440 cu
--------
VOLUME OF DAM 4261 cu --------
TOTAL FILL 10701 cu
--------
CUT-FILL RATIO 1.47 :1
* F ROM GROUND LEVEL TO 2.5 FEE T BELOW THE SURFACE
OVEREXCAVATE SM MATERI AL 1.5 F EE T AND BACKFI LL
WI TH COMPACTED SC MATERIAL.
E S TIMATED:
FT
FT
YDS
YDS
YDS
YDS
YDS
VO LUM E OF LAGOON EXCAVATION
FOR CLA Y LINER 147 cu· YDS
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