820640_ENFORCEMENT_20171231

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NORTH CAROLINA
Department of Environmental Quality
GovERNOR
WAYliiE MCDEVrTT IW
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dogwood Farms , Inc.
P.O. Box49
Clinton, NC 28329
Dear Mr. Norris:
March 1, 1999
SUBJECT: NOTICE OF VIOLATION
Permit No . AWS 820640
Dogwood Farms S-1
Facility No . 82-640
Sampson County
You are hereby notified that, having been permitted to have a non discharge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be
in violation of your 2H .0217 Permit.
On January 22, 1999, staff from the Fayetteville Regional Office of the Division of Water
Quality conducted a follow-up visit to Dogwood S-1 Farm to chec k the lagoon level. The inspector
arrived on -site to discover the center-pivot end gun spraying directly into the ditch adjacent to the
app licat ion field . However, the ditch did not contain any flowing water and very little wastewater
entered the ditch . This field also conta ined several places in which storm water was stand ing where
wastewater had also been applied . Th is is deemed as a violation of the General Perm it issued to
this facility on November 2, 1998 along with the Certified Animal Waste Management Plan
(CAWMP). Genera l Permit condition 11.4 states : "Land appl ication rates shall be in accordance with
the CAWMP . In no case shall land appl ication rates exceed the Plant Available Nitrogen rate for the
rece iving crop or result in runoff du ri ng any given application .". In the Natural Conservation Standard
633 , wh ich is one of the requi red specificat ions in the CAWMP, states that "Animal waste shall not
be applied to saturated soils, during rainfall events . or when the surface is frozen.". The inspector
contacted Bryan Spell of Dogwood Farms to inform him of the problem identified at the farm . Mr.
Spell then ca lled the farm and had an employee shut the irrigation system down. The lagoon level
at the time of this inspection was 19 inches . Mr. Spell arrived at the farm and stated that the
irr igation system contained a by-pass switch , which is suppose to shut off the end gun when it
reaches a certain po int to prevent spraying in the ditch. He stated that the by-pass evidently
malfunctioned , thus allo wi ng wastewater to be sprayed directly into the ditch .
Inspectors made another site visit to th is fac ility on January 25 , to fo llow-up on the lagoon level
fo llow ing a ra in even t after the first fo ll ow-up visit. The lagoon level was identified to be 15 inches
and the app lication fields were to saturated to utilized for spraying . General Permit cond ition V.3
states that: "The maximum waste level in lagoon/storage ponds shall not exceed that specified in the
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301 -5043
PHONE 91 0 ·486·1 541 FAX 91 o-486·0707
AN EQUAL OPI'ORTUNITY I AFFI RMATI VE ACTI ON EMPLOYER • 50% RECYCLED/I O'jb POST·CONSUME:I• I'APER
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Dogwood 8-1 Farm
March 1, 1999
CAWMP . At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides
adequate storage to contain the 25-year, 24-hour storm event plus an additional1 foot of structural freeboard.". Mr. Spell
stated that he was going to transfer wastewater from this lagoon to the new lagoon on the S-2 Farm through the use of
portable aluminum pipe to lower the lagoon to the required level
The Division of Water Quality requests that the follow ing items be performed:
1. Please evaluate and correct the irrigation system to prevent any wastewater from being discharged into the farm
ditches adjacent to the application fields .
2. Please provide specific actions proposed to prevent future freeboard deficiencies at this facility, which are not in
compliance with the CAWMP or the General Permit.
3. Please adhere to all of the General Pemit cond itions and the CAWMP .
4. Provide this office with the current lagoon levels on both the S-1 and 8-2 Farms.
Failure to comply with the above conditions may result in the facility's General Permit being revoked and being
required to obtain an individual non-discharge permit for the facil ity.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for this violation or any past or future violation. Furthermore , the Division of Water Quality has the authority to levy a civil
penalty of not more than $10,000 per day per violation.
Please notify this office in writin g on or before March 24 , 1999 at the letterhead above as to the actions taken or
proposed to be taken to resolve these violations . If you have any questions concerning this matter, please do not hesitate
to contact either Mr. Jeffery Brown , Environmental Engineer or myself at (91 0) 486-1541.
cc: Sonya Avant-Compliance Group
Wilson Spencer-Sampson Co . NRCS
Audrey Oxend ine -DSWC Fayetteville Office
Central Files -Raleigh
Paul E. Rawls
Regiona l Water Quality Supervisor
• .,
. .