820622_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quality
December 8, 1998
Mr. Paul E. Rawls ·
NCDENR
Fayetteville Regionai Office
225 Green St., Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Rawls,
RECEH~i~~--.~~ ~HV"fk:::&..:!/
CEC 1 1 f998
FAYf:TTEViLl ~
REG. OFFJCEt:
In response to your letter dated November 9, 1998, I submit the following:
Concerning item one, waste samples for analysis by NCDA & CS were obtained by Curtis
Barwick, Coharie Farms (technical specialist) and myself on November 9, 1998. The results are
enclosed. Two sampling methods were used with similar results. We believe the previous
samples were fairly reliable after seeing these results. Mr. Barwick also spoke with Dr. Jim Barber
at North Carolina State University about possible problems with high nitrogen concentrations in
nursery lagoons in general. No one reason can be identified as to why nursery lagoons tend to
run high in nitrogen, but several practices were discussed that are somewhat out of my control.
The strategies discussed are being taken under advisement.
If additional land for waste application is needed, there are two adjacent fields that could be
used periodically. If and when this is needed, we will have them added to the Waste Utilization
Plan.
Concerning Item Two, I have corrected the error in record keeping entries, so that I may more
accurately apply the waste uniformly across all of the acreage available for nutrient uptake.
It is my sincere regret that the over-application occurred, and it was not done intentionally, but
occurred because of inaccuracies in my record keeping. I hope this will be taken into
consideration if any further action is warranted.
Please advise me at your earliest convenience of any pertinent information regarding this
incident and this response.
Sincerely,
MJ 1bJ
KeithTew
l 500 White Oak Church Rd.
Clinton, NC 28328
(A-
\
11/13/98
Grower: I. & Nursery
Waste Analysis Report
1500 White Oak Rd.
Clinton, NC 28328
Farm:
Total
IN-N
-NH4
-N03
OR-N
753 M
Copies To : County Extension Director
Barwick, Curtis
USDA-NRCS-Sampson
Barwick, Curtis
C/OCoharie fanns
300 Westover Rd .
Clinton, NC 28328
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL. OFFICE
DIVISION OF WATER QUALITY
November 9. 1998
CERTIFIED Mill
RETURN RECEIPT REQUESTED
Mr. Keith T ew
1500 White Oak Church Road
Clinton, NC 28328
Subject:
Dear Mr. Tew:
Notice of Violation
Administrative Code 15A NCAC 2H . 0217
K & T Swine Farm
Facility No. 82-622
Sampson County
You are hereby notified that. having been deemed 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 Permit.
On October 21, 1998, staff from the Fayetteville Regional Office ofthe
Division of Water Quality conducted an annual inspection of your swine
farm located off SR1315 in Sampson County. The inspection revealed that
the plant available nitrogen (PAN) rate established in your certified animal
waste management plan (CAWMP) for the winter annual ov erseed and the
bermuda crop had been exceeded. The rye overseed allowed a rate of 50
pounds per acre while the PAN application varied from 113 pounds to 3 21
pounds per acre. The PAN rate for bermuda grass was 275 pounds while the
waste application varied from a low of 127 pounds to a high of 509 pounds
per acre. The waste applicat ion fields had an excellent crop at -the time of
the inspection.
225 GIIIEt;N 5TREt:T, SUIT t: 714, FAYETTEVIL.LE, N O IIITH CAROL.INA 28301-5043
P HO NE Ill 1 0 ·48 6 -1 5 4 1 FAX Ill 1 0 ·4 86-0707
AN EQUAL OPPO"'TUNITY I ... ,.,.1Rio1AT I VE A C TI O N E MPL.OY E R ·50% "'I:CYCLED/1 0% P05T·CON II UMEIII PAP I!R
Mr. Keith Tew
Page2
November 9, 1998
The Division of Water Quality requests that the following items be addressed:
1. Contact a technical specialist for assistance in evaluating whether the waste samples for
the facility were properly collected due to the unusually high PAN rate that was
consistently identified in the last three sampling events.
2 . Contact a technical specialist for assistance in recordkeeping to prevent the error
identified during the annual inspection on the IRR-2 forms that resulted in the over-
application from reoccurring.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division
ofWater Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per
violation.
Please provide a written response to this office on or before December 31, 1998, regarding
corrective actions taken or planned . If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (91 0)
486-1541.
Sincerely,
L'>
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sue Homewood -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Audrey Oxendine -DSWC Fayetteville Office
Central Files -Raleigh
Curtis Barwick -Coharie Fanns