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820077_Correspondence_20171231 (3)
Tr. T.�oas�Xoa x C� NWN A qaclk� t 9,; - 0� Michael F. Easley 0 Governor CO William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Kerr T. Stevens, Director Division of Water Quality Mr. David Hulbert March 19, 2001 FEB . 21 2005 DM Farms P. G. Box 1076 DENR-FA*MLLE Rwjowma Rose Hill, NC 28458 Subject: NP D ES Permit Number XNt%-VOOVV I -A1 Mag 4 Sow, Melville I & 2, Dell and Section I Site 4 Swine Waste Management System Sampson County Dear Mr. Hulbert: In accordance with the Settlement Agreement between D. M. Farms of Rose Hill, LLC., the American Canoe Association, the Professional Paddlesports Association, the Conservation Council of North Carolina and the North Carolina Department of Environment and Natural Resources dated March 15, 2001, we are forwarding this NPDES Permit issued to DM Farms, authorizing the operation of the subject animal waste and process wastewater collection, treatment, storage and land application system. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215. 1, Section 402 of the Clean Water Act, and the of Agreement between North Carolina and the US Environmental Protection Agency dated May 9, 1994. This approval is for the operation of the existing animal waste management system including, but not limited to, the management of animal waste and process wastewater from the following facilities: Mag 4 Sow, Melville I & 2, Dell and Section I Site 4, located in Sampson County, with a total animal capacity of no greater than 4,400 sows, farrow to wean; 400 wean to feeder; and 27,280 feeder to finish (Total Steady State Live Weight of 5,600,000 pounds) and the "I A 11 Ilk 4 ON application to land as specified in the Certified Animal Waste Management PrIan. Vt1r% VY IVII )I These facilities are located in a drainage area tributary to Six Runs Creek in the Cape Fear River Basin. The permit shall be effective from the date of"is"suance until May 31, 2005. Pursuant to this Permit, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in this Permit, the facility's CAWMP and the Clean Water Act and its implementing regulations, with no 'discharge, of wastes to waters of the United States. An adequate system for collecting and maintaining' -the required monitoring data and operational information must be established for this facility, Any increase in waste production greater than the certified design capacity orincrease in number of stocked animals above the number authorized by this Permit will require a modification to the CAWMP and this Permit and must be completed prior to actual increase in either wastewater flow or number of animals. Vf--bE NR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 NPDES Permit Number NC0086614 Page 2 Please pay particular attention to the additional monitoring requirements that are contained in Parts 111.2,111.3,111.12. and IV. EPA has asked the Division to clarify and note the following information: under Part 111.6, documented quantities and nutrient loading rates are required for waste solids disposed at both onsite and offsite locations: under Part VI,3, the Plan of Action must not exceed the agronomic loading rates contained in the CAWMP or propose a discharge to the waters of the United States; and the nutrient management standard referenced in Part IX includes Conservation Practice Standard Code 590 ofthe Natural Resources Conservation Service. Please be advised that any violation of the terms and conditions specified in this Permit or the CAWMP may result in the revocation of this Pen -nit, and/or penalties in accordance with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief If the permittee wishes to continue an activity regulated by this permit after the expiration date of this pen -nit, the permittee must apply for and obtain a new permit. Renewal applications must be filed at least 180 days prior to the expiration of the pen -nit. This Permit is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. This letter is considered part of the attached permit and must remain attached to the permit. The subject facility is located in the Fayetteville Regional. The Regional Office Water Quality Staff may be reached at (910) 486-1541. If you need additional information concerning this Permit, please contact Dennis R. Ramsey at (919) 733-5083 ext. 528. Sincerely, Kerr T. Stevens Cc: Murphy Family Farms Terris, Pravlik &'Millian, LLP The Sanford Holshouser Law Firm, PLLC MCrw;rPWnr)dq, LIP Sampson County Health Department Sampson County Soil and Water Conservation District Fayetteville Regional Office, Water Quality Section I T-: 114 01-1- D isci large Cornp! lance U111L* Permit File NDPU EPA NPDES Permit Number NC0086614 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SWINE WASTE MANAGEMENT SYSTEM NPDES PERMIT This permit shall be effective from the date of issuance until May 31, 2005. The permittee shall comply with the following specified conditions and limitations: 1. PERFORMANCE STANDARDS I Any discharge of waste which reaches waters of the 'United States or ditches is prohibited. Animal waste shall not reach waters of the United States or ditches by runoff, drift, manmade conveyance, direct application, or direct discharge during operation or land application. The animal waste collection and process wastewater, treatment, storage and application system operated under this permit shall be effectively maintained and operated as a non - discharge system to prevent the discharge of pollutants to waters of the United States or ditches. Application of waste at agronomic rates to terraces and grassed waterways is acceptable in accordance with Natural Resources Conservation Service (NRCS) Standards, Facilities which are designed, constructed and operated to contain all process generated waste waters plus the runoff from a 25-year, 24-hour rainfall event for the location of the facility and which are in compliance with their Certified Animal Waste Management Plan (CAWMP); the Clean Water Act, and its implementing regulations; and this permit, which unintentionally discharge an overflow of process waste pollutants as a result of a storm event greater than the 25-year, 24-hour storm, will not be considered to be in violation of this permit. 2. No discharge shall result in a violation of the water quality standards established for the receiving Nraters as per 15A NCAC 2B .0200. 3. The CANVMP is hereby incorporated by reference into this permit. New or expanding facilities are required to be certified prior to the stocking of animals. The CAWMP must be consistent with all applicable statutes, rules and standards in effect at the time of siting, design and certification of the facility. Z� The pennittee must assess, on an ongoing basis, the effectiveness of the implementation of the CAWMP. The Permittee must amend the CAWMP to address any changes needed to improve the management of the aftimal waste at the site. Any amendment to the CAWMP must be documentedV. 'Idate' d,an"d ' 'included as part of the CAWMP. All 'mc amendments, along with an explanation identifying all amendments, shall be submitted to both the Division of Water Quality's (PWQ) central office and the appropriate DWQ regional office within five (5) days of the amendment. If field, riser or pull numbers are changed as a result of the amendment, the explanation shall include a description of how the new numbers relate to the old numbers: <The CAWMP must be provided to the permit issuance authority or EPA, upon. the req'u'est of either. Any violation of thex-r'L I:AlD .111-AU-111 be considered a Vin-Intinn of this permit and subiect to enforcement actions. A violation of this Permit may result in the Permittee having to take immediate or long term corrective action(s) as required by the Division of Water Quality (Division), or the Environmental Protection Agency (EPA), These actions may include Nlylb�_ ��# H42 modifying the CAWMP; ceasing land application of waste; removing animals from the farm; or the permit being modified, revoked and reissued, or terminated. 4. Any increase in waste production greater than the certified design capacity or the steady- state live weight of animals above that authorized by this permit will require a modification to the CAWMP and this permit and shall be completed prior to actual increase in either waste production or steady-state live weight of animals. A public notice is required prior to a final decision on whether the permit should be modified. All activities authorized herein shall be consistent with the terms and conditions of this permit. 5. A copy of this Permit, certification forms, lessee and landowner agreements, and the CAWMP shall be readily available at the farm (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good condition and records shall be maintained in an orderly fashion. 6. If prior to the expiration date of this permit either the Division or EPA establishes Phosphorus standards that are applicable to this facility, the permittee must conduct an evaluation of the faciri lity and its C, A"W"MIP under the requirements of the Phosphorus ,standard and submit the evaluation to both the DWQ central office and the appropriate DWQ regional office within sixty (60) days of the adoption of the standard. After review of the evaluation, the Division may reopen this permit to require compliance with the Phosphnrim standard, If the permittee cannot immediately comniv with these new standards, the permittee may request that a compliance schedule be incorporated into this permit. 11. OPERATION AND MAINTENANCE REQUIREMENTS The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated. 2. A vegetative cover shall be maintained on all land application fields and buffers in accordance with the CAWMP. No waste may be applied upon fields not included in the CAWMP. 3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop production. 4. Land application rates shall be in accordance with the CAWMP and the Clean Water Act and its implementing regulations. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving �crop or result in runoff during any given application. % I 5. Application of animal waste onto land which is used to grow crops for direct human moinne 1,-ttuiCP rnlilinm-, nnnipZ, etc.) shall not occur following the planting of the crop or at any time during the growing season, or in the case of fruit bearing trees, following breaking dqrmancy. Application of animal wastes shall not occur within 30 days of the harvesting of fiber and food crops for direct human consumption that undergo further processing. F K NPDES Permit Number NC0086614 6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated into the soil within two (2) days after application on the land. This requirement does not apply to no -till fields, pasture, or fields where crops are actively growing. 7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, storage and application system. Washdown of stock trailers, owned by and used to transport animals to and from this farm only, will be permissible as long as the system can accommodate the additional volume. Only those detergents and disinfectants that are labeled by the manufacturer as readily biodegradable may be utilized. 8. Disposal of dead animals shall be done in accordance with the North Carolina Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's regulations. 9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the animal waste lagoons and storage ponds to prevent any unnecessary addition to the liquid volume in the structures. 10. A protective vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/waste, storage pond areas shall be accessible, and vegetation shall be kept mowed, 11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance with a CAWMP and the Clean Water Act and its implementing regulations. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to lagoon dikes and liners. ill. T / # .4o A-11 k� IfO�t*fP,-,- of f^rA;cT" ripbr;q ;nrjiid;ncY Nit not linlitf-ri in I Lagoonsistorage. pol"I".3.31&"11 I", "IF, —I — . 1 tires, bottles, light bulbs, gloves, syringes or any other solid waste. 13. The facility must have at least one of the following items at all times (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, (c) a contract with a third party applicator capable of providing adequate waste application, or (d) a contract for the purchase of the equipment. Equipment shall be capable of meeting permit condition 11 (4), 14. In accordance with 15A NCAC 8F .0203(b)(2), the Operator in Charge or a designated back-up Operator in Charge of a Type A Animal Waste Management System shall inspect, or a person under the supervision 'of 'an .011C or designated back-up OIC shall inspect, the land application site as often*as necessary to insure that the animal waste is land applied in accordance with the'CAWMP. In no case shall this inspection be less often that every hour during the application of animal waste. A record of each inspection shall be incorporated into the IRR-1. ' Form and shall include the date, time, sprayfield number and name of the operator for each inspection. The permittee may assert as an affirmative defense in any enforcement ,action alleging noncompliance with the requirements imposed in this condition' that such noncompliance was due to circumstances beyond the Permittee's'tbntrol. A notation shall be made on the IRR-I Form indicating the inspection affected by such circumstance and an explanation setting NPDES Permit Number NC O086614 forth the circumstances claimed to have been beyond the Permittee's control shall be submitted with the IRR-1 Form. 15. Within sixty (60) days of the effective date of this permit, the permittee shall install, operate and maintain devices on all irrigation pumps/equipment designed to automatically stop irrigation activities during precipitation. 16. Within sixty (60) days of being notified by the team of three independent engineers, retained to conduct a one-year study, of their selection of a ' method of determining the flow rate and volume of waste applied during spray events at the facility that is accurate, technically practicable, durable and independently verifiable through documentation, the n the SClCC+CA MC+1_0A t, Permittee shall implement Lit L U L11 U or one of the alter native Me'llinric identified by the engineers as meeting all of the criteria. Once the selected or alternative method is implemented or if the Permittee installs recording flow metering devices with totalizers in its spray application system prior to the completion of the study, the Permittee shall immediately begin preparing its IRR-2 Forms using the data generated by the selected method to determine the flow rate and volume of waste applied during each application event. 17. No waste shall be applied in wind conditions that might reasonably be expected to cause the mist to reach waters of the United States. III. MONITORING AND REPORTING REQUIREMENTS 1. An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted and documented at a frequency to insure pfoper operation but at least monthly and after all storm events of greater than one (1) inch. For example, lagoons, storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Any major structural repairs (to lagoons or waste storage ponds) must have written documentation from a technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or decreased), etc.] 2. Highly visible markers or gauges shall be installed and maintained to mark the level of waste in each lagoon. The waste level in each lagoon shall be monitored and recorded daily. 3. An automated rain gauge and recorder must be kept on site to measure and record all rainfall events. This equipment must be properly maintained and calibrated in a manner consistent with manufacturer's operation an&maitrienance recommendations. This automated equipment must be in place no.later than O'days following the issuance of this permit. If an automated rain gauge(s) becomes inoperable, the, perimittee shall: a. make any needed repaimto the equiprn6ndas quickly as possible, and b. take and record all rainfall events until such time as the automated equipment is placed back into operation. 4 NPDES Permit Number NCO086614 4. 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 diesetests shall be maintained on file by the Permittee for a minimum of three years and shall be made available to the Division or EPA upon request. 5. 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 Zinc Phosphorous Copper 6. The Permittee shall record all of the information required for completion of an IRR-1 Form and an IRR-2 Form for all irrigation and land application event(s) including hydraulic loading rates, nutrient loading rates and cropping information. The Permittee shall also record removal of solids and document nutrient loading rates if disposed onsite or record the off -site location(s). 7. A record shall be created of each inter -lagoon transfer. Such record shall include at least the identity of the lagoon from which the waste was transferred, the identity of the lagoon receiving the waste, the date and time of transfer and the total volume of waste transferred, 8. If, for any reason, there is a discharge from the animal waste and process wastewater collection, treatment, storage and application systems (including the land application sites), to waters of the United States, the permittee is required to make notification in accordance with Condition 111. 11. The discharge notification shalt include the following information: a. Description of the discharge: A description and cause of the discharge, including a description of the flow path to the receiving water body. Also, an estimation of the volume discharged. b. Time of the discharge: The period of discharge, including exact dates and times, and, if not corrected, the anticipated time the discharge is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the discharge. c. Cause of the discharge: If caused by a precipitation event(s), information from the onsite rain gauge concerning the size of the precipitation event. d. Analysis of the waste: A copy of the last waste analysis conducted as required by Condition 111. 5. above. 9. In the event of any overflow or other discharge. froirn-the animal waste and process wastewater collection, treatment, storage 'and application systems (including the land application sites), the following actions must be taken: a. Analysis of the discharge: All overflows 6� other discharges must be sampled and analyzed. Samples must be, at a,mintim'um, be analyzed for the following parameters: fecal coliform -bacteria; five-day biochemical oxygen demand (BOD,); total suspended solids (TSS); total phosphorus as phosphorus; dissolved phosphorus as phosphorus; ammonia -nitrogen as nitrogen; TKN as nitrogen; nitrate; pH; and temperature. NPDES Permit Number NC0086614 b. Sampling procedures: Samples shall consist of grab samples collected from the over -flow or discharge. A minimum of one sample shall be collected from the initial discharge (within 30 minutes). The sample shall be collecte�.and analyzed in accordance with EPA approved methods for water analysis listed in 40 CFR 136. Samples collected for the purpose of monitoring shall be representative of the monitored discharge. Monitoring results must be submitted to Division within 30 days. c. Reasons for not sampling: If conditions are not safe for sampling, the permittee must provide documentation as why samples could not be collected. For example, the permittee may be unable to collect samples during dangerous -nfk�r "^"Aifintle (such as local floorfing 11 -_ high winds, hurricane, tornadoes, electrical storms, etc.). However, once dangerous conditions have passed, the permittee shall collect a sample from the retention structure (pond or lagoon). 10. All records required by"'this permit and the facility's CAWMP, including but not limited to soil and waste analysis, rain gauge readings, freeboard levels, irrigation and land application event(s), cropping information and removal of solids to an off -site location(s) 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 Division and shall be readily available for inspection. The permittee shall also furnish to the Division or EPA upon request, copies of records required to be kept by this permit. 11. Regional Notification: The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: a. Failure of any component of the animal waste collection, treatment, storage and land application system resulting in a discharge to waters of the United States. b. Any failure of the animal waste and process wastewater treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal waste, process wastewater and/or sludge. c. A spill or discharge from a vehicle transporting animal waste, process wastewater or sludge to the land application field which results in, a discharge to waters of the United States or an event that poses a serious threat to waters of the United States. d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment. e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition VI (3) of this Permit. f.' Overapplying animal waste or process wastewater either in excess of the limits set out in the CAWMP or where runoff enters waters of the United States. g. Any discharge to waters of the United States. or ;that poses a serious threat to the environment. For any emergency which requires immediate reporting after normal business hours, please contact the Division of Emergency Management at 1-800-858-0368. The Permittee shall also file a written report to the appr6piiate Division Regional Office within 5 calendar days following first kriowledge'of the occurrence. This report shall outline the actions taken or proposed to betaken to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the Division Regional Office. 12. Within 20 days of the close of each calendar quarter, the Permittee shall submit IRR-I Forms, IRR-2 Forms and lagoon and rainfall readings for the quarter to the DWQ central and regional office. An annual certification report shall be filed with the Division by March I of each year for the previous year's activities on forms provided by the Division certifying the facility was in compliance with the terms of this permit and the CAWMP. If the facility was not in compliance, the annual certification must be used to Summarize all the violations during the previous year and explain the current compliance status of the facility. 13, In the event of a discharge of 1,000 gallons or more of animal waste to the surface waters of the State, the permittee must issue a press release to all print and electronic news media that provide general coverage in Sampson County setting out the details of the discharge. The press release must be issued within 48 hours after it is determined that the discharge has reached the surface waters of the State. A copy of the press release and a list of the news media to which it was distributed must be kept for at least one year after the discharge and must be distributed to any person upon request. 14. In the event of a discharge of 15,000 gallons or more of animal waste to the surface waters of the state,.a public notice is required in addition to the press release described above. TI-le public I-10tice liflust ot: piltueu III a ncw5pupur naving general UlfuuIaLlun in Sampson County and the county immediately downstream within 10 days of the discharge. If a discharge of 1,000,000 gallons of wastewater or more reaches surface waters, the DWQ regional office must be contacted to determine in what additional counties, if any, a oublic notice must be published. A cony of all public notices and proof of publication must be sent to the DWQ within 30 days of the di'scharge. The minimum content of the notice is the location of the discharge, estimated volume, water body affected, steps taken to prevent future discharges and a phone number and contact name. Groundwater quality monitoring of all drinking water wells located on the facility and of all adjoining property owner's shall be conducted on a quarterly basis for nitrate (NO3), total ammonia and chloride. The results of these samples must be submitted on Form GW-59 (Groundwater Quality Monitoring: Compliance Report Form) to the Department of Environment and Natural Resources, Division of Water Quality, Groundwater Section, Permits and Compliance Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636 on or before the last working day of the month following the collection of the samples. 2. If violation of any groundwater standard is shown by the sampling in any drinking water well located on neighboring property, the permittee will (1) immediately provide that resident with a safe and adequate supply of water for drinking and household use; (2) begin quarterly monitoring of the next neighboring down gradient drinking water we..s and provide such properties with an alternative water supply as provided in this paragraph if violation of any groundwater standard is shown; and (3) submit within thirty (30) days to the Division a plan for assessing the nature,*k&.ektent of the contamination -(including groundwater monitoring wells) and proposemeasures, for protecting human health and the envirormient consistent with applicable State standards. Upon approval by the Division, the Permittee shall immediately implernefiI the plan. V. INSPECTIONS AND ENTRY The permittee shall allow an authorized representative of the Department or EPA, upon the presentation of credentials and other documents as may be required by law, to: NPDES Permit Number NCO086614 a) Enter the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b) Have access to and copy, at reasonable times, any records that must be kept I under the conditions of this permit; c) Inspect, at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, and d) Sample or monitor, at reasonable times, for the purpose of assuring permit nr nenther. wise authorized by the Actan substances or -1 V parameters at any location. 1. The issuance this permit shall not relieve the Permittee of the responsibility for compliance with all applicable surface water and groundwater quality standards or for damages to surface waters or ground waters resulting from the animal operation. 2. Ihe Permittee shiall designate a certified an1 isn"I - -stee management system nnerator to be in charge (01C) of the animal waste management system. The animal waste management system shall be operated by the OIC or a person under the OIC's supervision, 3. The maximum waste level in lagoons/storage ponds shall n6t exceed that specified in the 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 additional I foot of structural freeboard except that there shall be no violation of this condition if (1) there is a storm event greater than a 25-year, 24-hour event, (2) the Permittee is in compliance with its CAWMP, and (33) there is at least I foot of structural freeboard. Within 30 days of the issuance of this permit, the Permittee shall develop and submit to the DWQ central and regional office a Plan of Action describing the measures that will be taken by the Permittee to reduce as expeditiously as possible the waste level in any lagoon when the freeboard is less than 19 inches. Upon measuring a freeboard level of less than 19 inches and 19 inches or more of freeboard cannot be obtained within 24 hours by pumping the waste to another lagoon, the Pen-nittee shall immediately implement its Plan of Action and notify the Division in writing within 24 hours thereafter. Such notification is in addition to the notification required under Condition III (I 1)(e) of this Permit. The Permittee shall submit weekly progress reports to the Division until the lagoon has at least 19 inches of freeboard. 4. The Division may require any additional monitoring (including but not limited to groundwater, surface water, animal waste, sludge,; soil and plant tissue) necessary to determi-ne the source, quantity, quality,, and .- ' ,effect 'of �su'ch waste upon the waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission requirements. 5. Any containment basin, such as a lagoon or storage pond, used for animal waste management shall co ' ntinue to be subject to the conditions and requirements of this permit after closure of the animal feeding operation or non-use or abandonment of said containment basis. Closure of a containment basin, in accordance with the "Natural Resource Conservation Service (MRCS) North Carolina Interim Standard for Closure of Abandoned Waste Facilities," January 1997 or any subsequent amendment, will cause said containment basin to no longer be subject to the requirements of this permit or the Clean Water Act. The permittee must submit a letter to the Division to request inactivation of the NPDES permit Coverage by providing documentation describing the procedures taken to close any containment basin. Closure shall also include notifying the Division and submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to Water Quality Section, Non -Discharge Branch within 15 days of completion of closure. 6Thiq nermit allows for flip riktrikitt;nn of mpknitr� iin t� d lN riii� 4 to .- r -_ *r J"I %.40 F%" via" k individuals for personal use. 7. The issuance this permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, or ordinances (local, state, and federal), nor does issuance of this permit convey any property rights in either real or personal property. 8. The annual pen -nit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation oft his Permit. 9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements which are required in the CAWMP, shall constitute grounds for revocation of this Permit. 10. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 11. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. The Permittee shall notify the Division immediately of any applicable information not provided in the permit application. 12. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Renewal applications must be filed at least 180 days prior to the expiration of the permit. 13. The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the pen -nit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. VIL PENALTIES 1. Failure to abide by the conditions and limitations contained in this permit, the facility's CAWMP; or the Clean Water Act, and its implementing regulations, may subject the Permittee to an enforcement action by the Division or EPAinaccordance with North Carolina General Statutes including the modification of the animal waste management system, civil penalties, criminal penalties and injunctive relief. Z The Clean Water Act and 40 CFR Part 122.41 provide that any person who violates a permit condition is subject to civil penalties and administrative penalties. In addition criminal penalties including imprisonment are provided for falsifying data. knowingly violating a permit condition, or for negligence, 2. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; lur hermit icurnination, revocation and reissuance, or modification; or denial of a permit renewal application. 3. It shall not be a defense for a permittee in an enforcement action that it would have been a -4h #I necessary to halt or redure flip nPrmitted activity in order to —a; f .--- -_ _ 1..... , activity . - order — .... —, �W.41F11"ll" condition of this permit. V111. STANDARD PERMIT CONDITIONS A. General Conditions I Introduction: In accordance with the provisions of 40 CFR Part 122.41, et. seq., this permit incorporates by reference ALL conditions and requirements applicable to NPDES Permits set forth in the Clean Water Act, as amended, (hereinafter known as the "Act") as well as ALL applicable regulations. 2. Duty to Comply-, The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation, and reissuance; and/or for denial of a permit renewal application. 3. Toxic pollutants: The permittee shall comply with effluent standards and prohibitions established under section 307(a) of the Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 4. Permit actions, This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 5. Property rights- The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State/Tribal or local laws or regulations. 6. Duty to provide information: The Permittee, shall furnish to the Director, within a reasonable time, any information which the Dire'e'tor may �iequest to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee also furnish -to the Director, upon request, copies of records required to be kept by thii permit. 7. Criminal and Civil Liability: Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. Any false or materially misleading representation or concealment of information required to be reported by the provisions of the permit, the Act, or applicable regulations, which avoids or effectively 10 NPDES Permit Number NCO086614 defeats the regulatory purpose of the Permit may subject the Permittee to criminal enforcement pursuant to 18 U.S.C. Section 1001. 8. State/Tribal Laws: Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State/Tribal law or regulation under authority preserved by Section 510 of the Act. 9. Severability: The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. B. Proper OperationandMaintenance I Need to halt or reduce activity not a defense: It shall not be a defense for a permittee in an enforcement action to plead that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 2. Duty to mitigate: The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. Proper operation and maintenance: The permittee shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. mlm� • I Representative sampling: Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. 2. Retention of records: The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report, or appliratinn, This period may be extended by request of the Director at any time. 3. Record content: Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) and time(s) analyses were•-pie'rfbima eid; d. The individual(s) who perfortrid'the analyses; . e. The analytical techniques ofmetli6ds used,; and f. The results of such analyses. 4. Monitoring procedures: a. Monitoring must be conducted accbidfig to test procedures approved under 40 CFR Part 136, unless other test procedures have been specified in this permit or approved by the Director. I I NPDES Permit Number NCO086614 b. The permittee shall calibrate and perform maintenance procedures on all monitoring and analytical instruments at intervals frequent enough to insure accuracy of measurements and shall maintain appropriate records of such activities. c. An adequate analytical quality control program, including the analyses of sufficient standards, spikes, and duplicate samples to insure the accuracy of all required analytical results shall be maintained by the permittee or designated commercial laboratory. 1. Anticipated Noncompliance: The permittee shall give advance notice to the Division of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 2. Other information: Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in anytreport to the Division, it shall promptly submit such facts or information to Division. E. Signatory requirements All applications, reports, or information submitted to the Division shall be signed and certified as follows: All permit applications shall be signed as follows: a. For a corporation: By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: i. A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision -making functions for the corporation; or, ii. The manager of one or more manufacturing, production, or operating facilities employing more than 250 person's or having gross annual sales or expenditures exceeding - $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. b. For a partnership or sole proprietorship: By a general partner for a partnership or the proprietor, respectfully. c. By the co-permittee. 2. All reports required by the permit and other information requested by the Division or EPA shall be signed by a person described above or by -a duly authorized representative of that person. A person is a duly authorized, representative"" bnly if: a) The authorization is made,ift-A'41'riting by a person described above; b) The authorization specifies either: ' an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager; operator of a well or a well field, superintendent, position of, equivalent responsibility, or any individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or an individual occupying a named position; and, 12 c) The written authorization is submitted to the Division. F. Certification Any person signing a document under this section shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for ziihrnittincy false information, including the possibility of fines and imprisonment for knowing violations." IX. DEFINITIONS 25-year, 24-hour rainfall event means the maximum 24-hour precipitation event with a probable recurrence interval of once in 25 years, as defined by the National Weather Service in Technical Paper Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or equivalent regional or state rainfall probability infOrmia-tiOn developed k11eiV11V111. Agronomic rates means the amount of animal waste or compost to be land applied to lands as contained in the nutrient management standard of the USDA Soil Conservation Service Technical Guide Section IV or as recommended by the North Carolina Department of Agriculture and the North Carolina Cooperative Extension Service at the time of certification of the animal waste management plan. Animal feeding operation means a lot or facility (other than an aquatic animal production facility) where the following conditions are met. (i) animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and (ii) crops, vegetation, forage growth, or post -harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single animal feeding operation if they adjoin each other, or if they use a common area or system for the disposal of wastes.' Ground water means any subsurface waters. Land application means the application of wastewater and waste solids onto or incorporation into the Soil, Process wastewater means any process -generated wastewater and any precipitation (rain or snow) which comes into contact with any manure, litter or bedding, or any other raw material or intermediate or final material or product used in or resulting from the production of animal or poultry or direct products (e.g. milk, eggs). Process -generated wastewater means any water directly. of'iridirectly, used in the operation of a feedlot ft. for any of the following,; spillage or overflow from animal or poultry watering systems; washing. cleaning or flushing pens, barns, manure pits,,.or, 'other feedlot facilities; direct contact swimming, ,washing or spray cooling of animals, and dust control., The Act means Federal Water Pollution Control Act as amended, also known as the Clean Water Act as amended, found at 33 USC 1251 et seq. Toxic pollutants means any pollutant listed as toxic under Section 3307(a)(1) of the Act. 13 NPDES Permit Number NCO086614 Waters of the United States means: (1) all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; (2) all interstate waters, including interstate wetlands; (3) all other waters such as intrastate lakes, rivers, and streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: which are or could be used by interstate or foreign travelers for recreational or other purposes; from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or, which are or could be used for industrial purposes by industries in interstate commerce; (4) all impoundments of waters otherwise defined as waters of the U.S,; (5) tributaries of waters identified in (1) through (4) of this definition; (6) the territorial sea; and (7) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in items (1) through (6) of this definition. This Permit issued the 19" day of March 2001. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Kerr T, Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission NPDES Permit Number NCO086614 14 B� �� = February 7, 200 Mr. AJ.Linton Murphy Family Ventures LNK4Departmerd p.[).Box 1138 Wallace, NC 28466 Michae|p, Easley, Governor William�Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Subject: REQUEST FOR INFORMATION CM AdminishaivaCode i5ANCAC2H.O217 C3 yWaQ4Sow, Melville 1 & 2. Dell Fonn. & Section 1 Bi� co Facility No. 82-77 �z Sampson County un ru Sent lo or PO Box No. BOX 1139 Alan vxKlimek, P�Director Division of Water Quality During r�Y�wof#��qu��nd�n��odd�b�dJ�nu�ry18.2DO5 �hk:hyV��ubmJ�edin����njnnC�toPad8i1�ofyn�r permit, seven items were encountered that require additional information or verification. The requested information im listed as follows: 1. Provide additional information regarding the lack of drop in freeboard for the Mag IV lagoon from November 30 — Dacomber8, 2004. According to the |RR-1 and |RR'2 forms. there were irrigation events totaling 658,847 gallons during this time period. 2. Provide additional information regarding the 4'inchdrop {nfreeboard for the Melville 1lagoon from November 12— 13. 2004. whi|* rec*ivino 2.87 inches ofpnuoipitadon. 3. Provide additional information regarding the 2-inch drop in freeboard for the Melville 2 lagoon from November 12-16. 2004. while receiving 2.87 inches of precipitation. 4' Provide additional information regarding the 6-imohjump imYreehOardiVrthe Melville 2lagoon lromDecenlber 10-12.2004. 5. Provide additional information regarding the 6-inch drop in freeboard for the Melville 2lagoon from December 18-19.2004� 6. Provide additional information regarding the 13-inch jump in freeboard for the Dell Farm lagoon from November 3O—December B.2OO4. 7. Provide additional information regarding.the 8-inch drop in freeboard for the Dell Farm lagoon from December 18-17'2004. Division of Water Quality/Aquifer Protection Section �5������Svi�714.���|�NC��1��5 ~` ----- Phone: (910) 486-1541 FAx y910486-0707 /nternet .0 Mr. Linton February 7, 2005 Page 2 Please send this requested information along with any applicable revisions or the quarterly reports to t- Regional Office by February 28, 2005. he F-ayetteVille If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely, Todd A. Bennett Environmental Engineer Aquifer Protection Section — Fayetteville Region • Complete Items 1, 2, and 3' Also cafnplete item 4 it 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 mailplece, or on the front if space permits. I . Article Addressed to: MR. A.J. LINTON MURPHY FAMILY VENTURES' LNM DEPARTMENT PO 13OX 1139 WALLACE, NC 28466 A. Received by (Please Pdriff Q.-a-1,y) 11 A— Date of Delivery ' C. Signature XT" D. Is delivery adji;ip 0 Agent iter, , 1. 1. 171 Yes Slow- 0 No 13 Registered -4 J W-Wn Receipt for Merchandise 0 0 Insured Mail C-0-01 4. Restricted Delivery? {Extra Fee) 13 yes �71301 2S10 0003 8090 4237 PS Form 3811, March 2001 Dorriestic,Fl6turn Receipt 102595-01-M-1424- ZIN A Michael p.Easley, Governor William G.Ross Jc.Secretary North Carolina Department o[Environment and Natural Resources Alan W. Klimek,P.E. Director Division of Water Quality Mr. A.J. Linton Murphy Family Ventures LNKA nPnqrfnnPnt P.8.Box 1130 Subject: REQUEST FOR INFORMATION Administrative Code 15ANCAC2H.D217 K4og4Sow, Melville 1& 2.Dell Farm, & Section 1Site 4 Facility No. 82-77 Sampson County Dear Mr. Linton: During review ofthe quarterly report dated January 18,2DU5 which you submitted inaccordance toPart AAL12ofyour permit, seven items were encountered that require additional information or verification. The requested information ka listed as follows: 1. Provide additional information regarding the lack ofdrop infreeboard for the Mao|Vlagoon from November 3O — December 8.2OO4. According to the |RR-1and |FlR-2forms, there were irrigation events totaling 558,947 gallons during this time period. 2. Provide additional information regarding the 4-inch drop in freeboard for the Melville I lagoon from November 12— 13. 2004, while receiving 2.87 inches ofprecipitation. 3. Provide additional information regarding the 2-inchdrop infreeboard for the Melville 2lagoon from November 12— 15. 2004. while receiving 2.87 inches of precipitation. 4. Provide additional information regarding the 6-inch jump in freeboard for the K4eh/i||e 2 lagoon from December 10-12,2004. G. Provide additional information regarding the 6-inch drop in freeboard for the Melville 2 lagoon from December 18-19.2004. 8. Provide additional information regmrd|na the 13'|nchjumop|nfreeboard for the Dell Farm lagoon from November 3O—December 9.2OO4. 7. Provide additional information regarding the 8-inch drop in freeboard for the Dell Farm lagoon from December 16-17.2004. vow Division of Water Quality/Aquifer Protection Section AMOR Phone: (910)4881541 FAX: p9100480-0707 Sama2~ Mr. Linton Please send this requested information along with any applicable revisions ofthe quarterly reports tothe Fayetteville Regional Office by February 28, 2005. Kyou have any questions concerning this matter, please donot hesitate tocontact mesd(91[)488'1541. Todd A. Bennett Environmental Engineer DM Farms of Rose Hill, LLC P.O. Box 1139 Wallace, NC 28466 (910) 285-1005 January 18, 2005 Mr. Paul Rawls NCDENR - Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 R E *C� E P'i E JAN 2 4 2005 DE14R - FAYET Oq ILE REGIONAL OFFIT Subject: NPDES Permit No: NCO086614 Mag 4 Sow, Melville I & 2, Dell Farm & Section'l Site 4 Swine Waste Management System Sampson County The enclosed information is sent to you in accordance with the above referenced permit, Part 111.12. Specifically, we are required to "submit IRR-1 Forms, IRR-2 Forms and lagoon and rainfall readings for the quarter to the DWQ central and regional office." These reports meet this requirement for the quarter ended December, 2004 and I am sending them to you as the regional office contact. Sincerely, 4-- lavid Hulbert 1KI Farns of 2ose Will. LL Enclosures FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # Mp_q_ IV Field # I pivot #2 Field Size (acres) = (A) 8.8 Farm Owner OM Farms of Rose Hill LLC. Irrigation Operator Owner's Address PO Box 1076 Irrigation Operator's Rose Hill NC, 28458 1 Address Owner's Phone # 910-289-6439 ext.4541 Operators Phone # Facility Number 82 - 1 771 AJ Linton PO Box 1076 Rose Hill NC, 28458 910-289-7364 Crop Type Fescue From Waste Utilization Plan Recommended PAN 100 Loading (lb/acre) = (B)i (1) (21 (31 (4) (5) (61 (71 Is) 191 1101 fill PAN Applied (Iblecre) (9) i 1000 Nitrogen Balance — (lb/acre) P-00) #of Sprinklers Operating Flow Rate (galtmin) Total Volum (gallons) (6) x (5) x (4 volume per Acre (galfacre) (7) 1 (A) 1 16.88 Owners Signature Kyw",RtaIsl 1061111 Operators Signature A Certified Operator (Print) AJ Linton Operator's Certification No. 18625 NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. *Enter the value received by subtracting column ( 10 ) from ( 8 ). Continue subtracting column ( 10 ) from 111 ) following each irrigation event. KE FORM (RR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # Ma g IV Field# I pivot #3 Field Size (acres) = (A) 8.8 Farm Owner DM Farms of Rose Hill LLC. Irrigation Operator Owner's Address PO Box 1076 Irrigation Operator's Rose Hill NC, 28458 Address Owners Phone # 910-289-6439 ext.4541 Operator's Phone# Facility Number &2 - 1 77 AJ Linton PO Box 1076 Rose Hill NC, 28458 910-289-7364 From Waste Utilization Plan Crop Type Fescue Recommended PAN 100 I I Loading (Iblacre) = (B)l (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date (nurntridlyr) Irrigation Waste Analysis PAN* (itill 000 gal) PAN Applied (ibiacre) (8) x (9) 1000 Nitrogen Balance- (lb/sue) M-00) start Time End Time Total Minutes (3)-(2) If of sprinklers Operating Flow Rate (galmim) Total Volume (gallons) (6) X (5) X (4) Volume per Acre (gallacre) (7) 1 (A) 100 9/8/04 1:35 6:30 295 1 215 630261 7162.05 0.811 5mj 94.2 9/9/04 10:401 6:20 460 11 215 97932.561 11128.70 0.81 9.01 85.18 9/10104 &30 11:30 180 1 216 38751.24 4403-55 0.81 157 81.62 11/22/04 8151 4:15 480 1 215 6-1103915 11808.52 1.4 16.53 65.09 11 0/04 9:301 10:10 40 1 215 v 5447 618.98 iA 0.87 64.22 11/30/04 10:55 1:15 140 1 215 ✓ 28281 3213.75 1.4 4.50 59.72 12/2/04 9:20 5:10 470 1 215 ie 100679 11440.80 1.4 16.02 4170 12/3104 8:40 4:30 470 1 215 v 102220 11615.91 1.4 16.26 27.44 1216104 8:50 4:45 475 1 215 se I u I d5t) I 1:>141t-o 1.4 16.20 I -I 1.Z4 I 12/7/04 8:00 1:00 300 1 215 ie 63941 7266.02 1.4 10.171 1-06 0 billet 7n6n48Ar qR C141 L ...... ;� Owner's Signature n W4 Ali �AW7 Operator's Signature Certified Operator (Print) Aj Linton Operator's Certification No. 18625 NCDA Waste Ansylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. *Enter the value received by subtracting column ( 10 ) from (8 ). Continue subtracting column ( 10 ) from ( ) I ) following each irrigation event FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # Ma q IV Field # 8 Field Size (acres) = (A) 2,1 Farm Owner OM Farms of Rose Hill LLC. Owner's Address PO, Box 1076 Rose Hill NC, 28458 Owner's Phone# 910-289-6439 ext.4541 Facility Number' - 1 777 irrigation Operator AJ Linton Irrigation Operators PO Box 1076 Address Rose Hill NC, 28458 Operator's Phone # 910-289-7364 From Waste Utilization Plan Crop Type Fescue i Redicommended PAN 100 I Loang (Iblacre) = (B)i (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date (mmidd/yr PAN Applied (Iblacre) (81 1000 Nitrogen Balance— JIB) - (10) Total Minutes # of Sprinklers Operating Flow Rate (gaftin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gal/acre) (7) 1 (A) #1 croollbleje-witalsi __ 2fi2071 16.80 Owner's Signature Iz W4 M Operator's Signature j **- Certified Operator (Print) AJ Linton Operator's Certification No. 18625 7z NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633. f *Enter the value received by subtracting column ( 10 )from ( 8 ), Continue subtracting column( 10 )from( 11 )killowing each irrigation event Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # Ma q IV Field #F 55 Field Size (acres) = (A) 2.7 Farm Owner DIVI Farms of Rose Hill LLC. Owner's Address PO Box 1076 Rose Hilt NC, 28458 Owner's Phone # 910-289-6439 ext.4541 Facility Number 1 82 -1 77 Irrigation Operator AJ Linton Irrigation Operator's PO Box 1076 Address Rose Hill NC, 28458 Operator's Phone# 910-289-7364 From Waste utilization Plan Crop Type Small Grain Recommended PAN so II I Loading (lb/acre) = (B)l (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) PAN* (lb/1000gal) oil Nitrogen Balance— (Iblacre) (13) - (10) Total i Minutes # of Sprinklers Operating Flow Rate (gallmin) Total Volume! (gallons) (6) x (5) x (4) Volume per Acre (gallacre) 7) (A) rj 04 KPjP%6K-Totats1 252071 1 13.07 Owner's SignatureOperators Signature Certified Operator (Print) Aj Linton Operator's Certification No. 18625 Or IF NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. *Enter the value received by subtracting column (10 ) from ( B ), Continue subtracting column ( 10 ) from ( I I ) following each irrigation event. C14 FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # Melville Field # 16 Facility Number F-----82 - 1 771 Field Size (acres) = W 2.3 Farm Owner DM Farms of Rose Hill LI-C. Irrigation Operator AJ Linton Owners Address PO Box 1076 Irrigation Operator's PO Box 1076 Rose Hill NC, 28458 Address Rose Hill NC. 28458 Owners Phone # 910-289-6439 ext.4541 Operators Phone # 910-289-7364 From Waste Utilization Plan Crop Type Small Grain Recommended PAN 50 I I Loading (lb/acre) = (13)1 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) its i Total Mnutes # of Sprinklers Operating Flow Rate (gailmin) Total Volum (gallons) (6)x(5)x(4 Volume per Acre (gal/acre) (7) JA) V% I I it C.IlMiclVilliftbalal 4.5AQA1 1 47.89 Owner's Signature operator's Signature A Certified Operator (Print) AJ'Einton Operator's Certification No. 18625 LAO' V 04YA~1460'3 NCDA Waste Anaytsis or Equivalent or NRCS Estimate, Technical Guide Section 633. f *Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from (11 ) following each Irrigation event. C-A FORM (RR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # Melville I Field # 17 Field Size (acres) = (A) 2.5 Farm Owner DM Farms of Rose Hill LLC. Owners Address PO Box 1076 Rose Hill NC, 28458 Owner's Phone # 910-289-6439 ext.4541 Facility Number �_82 - 1 77 Irrigation Operator AJ Linton Irrigation Operator's PO Box 1076 Address Rose Hill NC, 28458 Operator's Phone # 910-289-7364 From Waste Utilization Plan Crop Type Small Grain Recommended PAN so I Loading (lb/acre) = (B) I (1) (2) (3) (4) (5) (6) (7) (a) (9) (10) (11) Ernd Waste Analysis PAN* (lb/1000gal) ') gal) PAN Applied (lb/acre) (8) X (9) 1000 Nitrogen Balance— (Iblacre) Time Total Minutes *0' pn.kl.- 0 pers, ing Flow Rate (gal/min) Total Volume (gallons) (6) x (5) x (4) Calm= 458981 Owners Signature ........... Operator's Signature Certified Operator (Print) AJ Linton Operator's Certification No. * NCDA Waste Artaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633, *Enter the value received by subtracting column ( 10 ) from ( 8 ). Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event I Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # I Melville Field # 24 Field Size (acres) = (A) 2.7 Farm Owner DM Farms of Rose Hilt LLC. Owner's Address PO Box 1076 Rose Hill NC, 28458 Owner's Phone # 910-289-6439 ext.4541 Facility Number F------8-21 - 1 77] Irrigation Operator AJ Linton Irrigation Operator's PO Box 1076 Address Rose Hill NC, 28458 Operator's Phone # 910-289-7364 From Waste Utilization Plan Crop Type Small Grain Recommended PAN 50 1 1 Loading (Iblacre) = (B)i (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) It 1) Date (mmidd/yr) Nibwen Balance— (Iblacre) 1811-00) Tow Minutes (3)-(2) # of I Sprinklers .1 Operating Flow Rate I (gallmin) L Total Volume (gallons) (6) x (5) x (4) volume o ume I per Acre (gallatre) (7) 1 (A) Now= It. Ell C11t ) &MNis -titat 1 578871 47.17 s tZi Owner's Signature rN =--I Operator's Signature od Certified Operator (Print) AJ Linton Operator's Certification No. 18625 V_ NCDA Waste Anaylsis or Equivalent at NRCS Estimate, Technical Guide Section 633. *Enter the value received by subtracting column (10) from (B)_ Continue subtracting column (10) from (111) following each Irrigation event FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # Melville Field# I 25a Facility Number 1 --821-1 77 Field Size (acres) = (A) 2.7 Farm Owner DM Farms of Rose Hill LLC. Irrigation Operator AJ Linton Owners Address PO Box 1076 Irrigation Operator's PO Box 1076 Rose Hill NC, 28458 Address Rose Hill NC, 28458 Owners Phone # 910-289-6439 ext.4541 Operator's Phone # 910-289-7364 From Waste Utilization Plan Crop Type Small Grain Recommended PAIN 50 1 Loading (Iblacre) = (B)l (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date (mm/ddlyr) Irrigation Waste Analysis PAN* (Ibfl 000 gal) PAN Applied (Iblacre) (8) X t9l 1000 Nitrugen Balance"'* (Iblacre) (B) - (10) start Time End Time Total Minutes (3)-(2) # of Sprinklers Operating Flow Rate (gal/min) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gavacte) (7) / (A) B= 50 11/10/04 11:15 12:45 90 1 275 23873 8841.85 2.21 19.45 30.55 11/8/04 9:101 11:10 120, 1 275 ✓ 35351 13092.96 2.21 28.80 1,74 I I ardbillami0rotalall 59224 Owner's Signature k3 *04 FNV--Tv" Operator's Signature Certified Operator (Print) AJ Linton Operators Certification No. 18625 V NCDA Waste Anayisis or Equivalent or NRCS Estimate, Technical Guide Section 633. *Enter the value received by subtracting column 110) from ( B)- Continue subtracting column ( 10) from ( I I ) following each irrigation event. Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle T j I Tract # Melville Field # 25b Field Size (acres) = (A) 4.8 Farm Owner DIVI Farms of Rose Hill LLC, Owner's Address PO Box 1076 Rose Hill NC, 28458 Owner's Phone # 910-289-6439 ext.4541 Facility Number F____ 82 - 77 Irrigation Operator AJ Linton Irrigation Operators PO Box 1076 Address Rose Hill NC, 28458 Operator's Phone# 910-289-7364 From Waste Utilization Plan Crop Type ail Grain Recommended PAIN 50 Loading (lb/acre) = II (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) - AN. PAN* QbJ10009al) off Nitrogen Balance— (Iblacre), [—Total Minutes lI # Of S prinklers Operating Total Volume (gallons) (6) x (5) x (4) volume per Acre (gallacre) Cr rrotaIsL ..... 98522A 45.16 Owner's Signature W-" V-1 Operator's Signature Certified Operator (Print) AJ Linton operator's Certification No. 18625 f IF NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. *Enter the vakie received by subtracting column( 10) from 15 1. Continue subtracting column 10 )from( 11 )following each irrigation event FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # MelvWe Field #26 Field Size (acres) = (A) 2.a,,,,,,,,,,,,,,,,,,,,,,,,, Farm Owner DM Farms of Rose Hill LLC. Owners Address PO Box 1076 Rose Hill NC, 28458 Owner's Phone # 910-289-6439 ext.4541 Facility Number 82 - 1 77 Irrigation Operator 1AJ Linton Irrigation Opera#ors PO Box i076 Address (Rose Hill NC, 28458 Operators Phone # 910-289-7364 From Waste Utilization Plan Crop Type Small Grain Recommended PAN 50 Loading (lb/acre) = (B) (1) (21 (3) 1 (4) (5) (6) (7) 18) (9) (10) 0 1) Date Irrigation Waste Analysis PAN` (lb/1000 gal) PAN Applied (lb/acre) 8 x 9 1000 Nitrogen Balance"(mm(ddlyr) (Iblacre) (B) - (10) TStrtEnd Total Minutes (3) - (2) # of Sprinklers Operating Flow Rate (gal/min) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gal/acre) (7) / (A) = 50 11/10/04 11:15 12:45 90 1 275 ✓22036 7598.62 2,21 16.72 33.28 11/8/04 9:10 11:10 120 1 275 ✓ 32631 11252,07 2.2 24.75 8.53 i' 1 1 1 � Crap¢*WIs) _ 5Opera 1 41.47) Owner's Signature ��MM'' Operator's Signature Certified Operator (Print) AJ Linton Operators Certification No. 18625 NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. 'Enter the value received by subtracting column( 10) from (a ), Continue subtracting column( 10) from ( 11 ) following each irrigation event. FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle -------- Facility Number F------8-21 - 771 Tract # Melville Field # 29 Field Size (acres) = (A) 4.2 Farm Owner DM Farms of Rose Hill LLC. Irrigation Operator Ai Linton Owner's Address PO Box 1076 Irrigation Operator's PO Box 1076 Rose Hill NC, 28458 Address Rose Hill NC, 28458 Owner's Phone # 910-289-6439 ext.4541 Operator's Phone# 910-289-7364 From Waste Utilization Plan Crop Type Small Grain 1 Recommended PAN 50 Loading (Iblacre) = (B)l (2) (3) (4) (5) (6) (7) (a) (9) (10) Date (mmidd/yr) Irrig tion Waste Analysis PAN* (lb/1 000 gal) PAN Applied (lb/acre) 18) X (9) 1000 Nitrogen Balance** (lb/acre) (13) - 0 0) Start Time Et T Total Minutes (3)-(2) #Of Sprinklers Operating Flow Rate (gal/min) Total Volume (gallons) (6) x (5) x (4) Volume per Acre - (gal/acre) (7) 1 (A) B= 50 11111/04 8:30 10:00 90 1 275 ✓ 24793 5903.10 2.2 12.99 37.01 11/11/04 12:40 2:40 1201 1 275 322531 7679.29 2,2 16.89 20,12 11/10104 3:55 5:55 120 1 275 ✓ 33272 7921.90 2.2 17.43 2.69 All Q I I A ---U K CADJAhkAnZotals-11 90318 1 47.31 Owner's Signature 1',,ij VF-T Operator's Signature Certified Operator (Print) AJ Linton Operator's Certification No. 18625 NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633, *Enter the value received by subtracting column( 10) from( B ). Continue subtracting column( 10) from (11 )following each irrigation event Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # Melville Field # 30 Field Size (acres) = (A) 7.3 Farm Owner DM Farms of Rose Hill LLC. Owner's Address PO Box 1076 Rose Hill NC, 28458 Owner's Phone # 910-289-6439 ext.4541 Facility Number 82 777] Irrigation = AJ Linton M Irrigation operator s PO Box 1076 Address LRose Hill NC, 28458 Operators Phone # 910-289-7364 From Waste Utilization Plan Crop Type Small Grain Recommended PAN 50 1 1 Loading (Ib/acre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date (MmIddlyr) Irriga 'on Waste Analysis PAN. (lb/1 000 gal) PAN Applied (Iblacre) (8) X (a) 1000 Nitrogen Balanco— (Vac-) M-00) start Time End Taw Total Minutes (3)-(2) # of Sprinklers Operating Flow Rate (gaVmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gal/acre) (7) / (A) 50 11112104 8:45 10:30 105 1 275 ✓ 29321 4013.70 2.21 8.83 41.17 11/11/04 10:20 12:20 1201 1 275 32156 4404.93 221 9.69 31.48 11/11/04 12:40 2A0 120 1 275 rr 32253 4418.22 2,2 9.72 21J6 11/11/04 2:50 4:50 1201 1 275 ,-32894 4506.03 2.2 9.91 11.85 11/16/04 8.40 10:25 1057 1 275 r 29112 3987.95 2.2 8,77 107 NC --Isr— 1557 1 46.93 Owner's Signature Operator's Signature Certified Operator (Print) AJ Linton Operator's Certification No. 18625 * NCDA Waste Anayisis or Equivalent or NRCS Estimate, Technical Guide Section 633. *Enter the value received by subtracting column ( 10 ) from ( 8 ), Continue subtracting column ( 10 ) from ( 11 ) following each irrigation event. P- FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # Melville Field # [�-34BFacility Number 821 77 Field Size (acres) = (A) 303 Farm Owner DM Farms of Rose Hill LLC. Irrigation Operator AJ Linton Owners Address PO Box 1076 Irrigation Operator's PO Box 1076 Rose Hill INC, 28458 Address Rose Hill NC, 28458 Owners Phone # 910-289-6439 ext.4541 Operator's Phone# 1910-289-7364 From Waste Utilization Plan Crop Type Small Grain Recommended PAN 50 1 1 Loading (Iblacre) = (B)i (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date (mmidd/yr) Irrigation Waste Analysis PAN* (lb/1000 gal) PAN Applied (lb/acre) (a) X (9) 1000 Nitrogen Balance- (lb/acre) (8)-00) T,9t.,tF-nd Time Time Total Minutes (3)-(2) # of Sprinklers Operating Flow Rate (gallmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gallacre) (7) 1 (A) B= so 11117/04 7:55 12:15 260 1 931 ✓ 242060 7884.69 2.4 18.92 31.08 11117/04 1:40 4:50 190 1 965 ✓ 183389 5973.58 2.4 14.34 16.74 11118/04 7:35 10:30 185 1 992 &,"183603 5980,55 2A 14.35 2.39 Ai J I i Signature jZ So# K CEL&4&97btalsJ 6090521 1 47.61 Owner's Sign Operator's Signature Certified Operator (Print) AJ Linton Operator's Certification No. 18625 * NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technical Guide Section 633. *Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column (10) from ( 111 following each irrigation event FORM (RR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Tract # Dell Field # 35-36 Facility Number F-----8-21 7-71 Field Size (acres) = (A) 11.7 Farm Owner DM Farms of Rose Hill LLC. Irrigation Operator [AJ Linton Owner's Address PO Box 1076 Irrigation Operator's PO Box 1076 Rose Hill NC, 28458 Address Rose Hill NC, 28458 Owner's Phone # 910-289-6439 ext.4541 Operator's Phone # 910-289-7364 From Waste Utilization Plan Crop Type Small Grain Recommended PAN 50 1 1 Loading (Iblacre) = (B)i (1) (2) (3) (4) (5) (6) Q) (8) (9) (10) (11) PAN Applied (lb/acre) (a) X (9) Nitrogen Balance — (Iblacre) Total Minutes Total V. IL Volume per Acre (gal/acre) )) IW4 It .2&CW6Totals 1 241073 1 45-33 Owner's SignatureMi VI-119 V-11 Operator's Signature Certified Operator (Print) Ai Linton Operator's Certification No. 18625 NCDA Waste Anayisis or Equivalent or NRGS Estimate, Technical Guide Section 633. *Enter the value received by subtracting column ( 10 ) from ( B ). Continue subtracting column ( 10 ) from I 111 following each inigation event. m -DM FARIVIIS,;,F RECOFkDS Lagoon /)79.j Operator Date Weather Codes. C4DIear, RC- hvVy Cloudy, CPCloudy, R-Raln,. S--Snow/Sleet W-WIndy I IWMTRF��i� Operator Date IP6 DM' FAPJfiS.,IF;LD RECORDS Lagoon I Litt 5 Operator Z21-e.z Date 4t -1 Wesow Codes: C-aew, PC—ft* Clm*, Craw*, R-Raln,-SSnow/Sleet W-Windy cm V-4 VIA Operator 1,qvb�v Date 11.30-011 Riser# TIME TIME TIME TIME TIME TIME TIME I TIME TIME TIME TIME TIME INITIALS AW —3 -DM * FARNIS.. FIELD RECORDS Lagoan//�14,,<. l Operator/(/`/�.1,,e-.,/````````` m Wealher Codew. C4New, PC4hwdy Ctm*, CWfm*, R-Raln,. S-SnowlSkwt W-Wmcty DM FARMS RECORDS Operator k Date / r r Lagoon. V\c,"Zv. DM FARMST-191-D R6&O RDS I Operator qi Date Ell' FUME OEM-= P., w r r * 1 1 Jim== m mmmm m mm mmm mmmm�= m mmmm mmmm�,= M=Mmmm� mmmm�=m Weatw Codes: C-CWw, PC4" Clm*, C";Im*, R-Rain,-&-Snovv/Sleet, W-Weedy cc DM FARM$ FIELDINSPECTION RECORDS Operator vet.. Date 0 IWWM Operator/ �4--z — Date 1.2- 16 .- . ge W, - mid vmmmmm�.= mm Sol Wea#w Codes: C-Ckw, PC -Partly Clm*. CWlot*, R-Rafn, S-Snow/Sleet, W-Wwoty Operator - ' ~� Date ~<2'g�-u/ MIMI -DM FARMS -FIELD RECORDS Lagoon ./j,; Operator ;, - Ae"z- Data 1,9-7-o V weaiher Codes: C-Clew, PC -Pm* Clm*, CWbucly, R-Rgm,. "nowlsfeet W-Wordy PE q Sri -cz- Operator Date MEN mm mmmmmm� iii��i���i�e�ii��®���� n DM FARMS: flg�D RECORDS. Lagoon. i'fy\c� Operator Date Weather Codes: C-Clear, PC -Partly Clm*, CI -Cloudy, R-Raln,, "nowlSoleet W-Windy Operator Ale Date t.2 -,�- a/ Emma IN DM*FARNI4-FjE.I;b REGtJRDS ilk. 4 Lagoon -10,je I -:r- Operator Date /A, Iwo M., IIIIIIIIIIIIIIIIIIIIIIII11M m im m Weather Codes- C-Clear, PC-119* Cloudy, CI -Cloudy, R-Raln, S-Snow/Sleet, W4ftdy Operator Date WTL rl DM FARMS FIELD ECORDS IRR I Lagoon =J1 T Operator Daft IN! wilIII Irrigation information Flow Meter Information zstart I Time I zstDp rime Tota-1 t Min, KME" M FM Weather Codes: C-Clear, PG -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy Fl-I I-AWi6-12144MM KOTMAKelff kM lf-I 7--N 11-17-eh f/-/c4 Date //- / 7 -,) tj Riser# TIME TIME TIME TIME TIME TIME TIME TIME TIME TIME TIME TIME INITIALS 33--Vl nf eulkjpp pmSe�J mi- 141 31- r Dfe 50- J- 0, 44- DM FARMS .FIELD RECORDS. IRR I Lagoon De-11 Operator Data Ica Weather Coder: C-Ctear, PC-Paft Cloudy, CWJoudy, R-Rain; S-SnowlSfeet W-Windy a —0 •-1 Bl:;� Operator lr-"Welc y Date 11-SI-o Riser # TIME TIME TIME TIME TIME TIME TIME TIME TIME TIME TIME TIME INITIALS .7s-14 57�1�;o ell, . ........ MOM ffvAr-,� to; M FARMS. T11D RECORDS IRR Lagoon hell 0 perato r Data 1 MAO vvffmlmcul wwww'sm-m- mm mmmmmmmmmmmm��= !���I������������IIIIIIII�I� MOM= mm �Mmm l;;ml�llljlp�ipj in cc rj,&T2**mrqmija!j*j Date 11-10-oV F.1 D DM' FA,RMS,,.F,l CE RECORDS Lagoon - be Operator Ave P� Deft higation infcxmafsar Flow Meter Information Gun Pressure Reel weath Start Time Stop Time Total AfIrL GS00FIS Per Min. TOW Gallons Start Rea &v Slop Rea dm Total Gallons SW of Pull Middle of Puff End of Pug Actual Gallons Code RIW q 45 175 2 V,7SO OVYSIL 0 9,�2 &/0 .21 7 '20,/ 16 127S 2 y 75c, I j_?Y.2J0& Y9SY4 0/0 2 V 7 F-3 .27-r' 33,000 1.241.23o%% 0 Zo 3.7 ./. to 275 0 X0 ,/0 1.7.2 1_or-' 1.2'qo Z.'Va 130 33000 q,1171fal go /0 40 .30 /1-0 .77 33 _000 0 . 27S— )Ir5 If 7 3j, 9 4/ 4/0 .7j, 9 JC U_ LL Cl Weaffw Codes: C-Clear, PC43a* CkK*,* %Clot*, R-Rah,. S-Snow/Sleet, W-Windy CIA j • i 0 Operator 1`, Date ® �� �iiTtm ®®-®--_mmmmm DM' FARMS-FWLD RECORDS Lagom.-l' Operator/`/kr Date IN m URMI wog Wealber Codes: 04tear, PC4Pa* Cim*. 0-Mudy, RAaln; S-Sn*WSleet, W-Windy DM FARMS FIELD -*INSPECTION RECORDS Operator Date :5 DMI FARMS FIELD RECORDS IRR I Operator /,"--- Date Flow Meter Informabon ONE= ♦ Zl weather codes: C-Ckw,PC-Pa*Ciot*,'Cl-Cloudy,R-Rain,-"now/SteetW-Windy I ki I.-M mr,91 i • R•:3171 H-116-04 Operator rp-W Date jj-,6-04 MEM inky,[ Milzi MILlIkIT-1 I no". M.Iml mlmmmmmm�l Z� DM FARMS -F�EILD RECORDS Lagoon Operator Date mmmmmm��� I mmmmmm m mm�� I mmmmmm M�Mmm = Weather Codes: 0-am. PC4%* Ctm*, CI -Cloudy, R-Rain; S-SnowMeet W-Windy to DM FARMS FIELDINSPECTION RECORDS Operator l f Date Riser # TIME TIME TIME TIME TIME TIME TIME TIME I TIME TIME TIME TIME IIVITI LS ff ` 3a O "l f Day 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ACV 21 22 23 24 25 26 27 28 29 30 MONTH: Oct-04 23 83 45 37 41 54 23 83 45 37 41 54 23 83 46 36 41 54 A3 83 46 36 41 54 23 83 46 36 41 54 23 83 46 36 41 54 22 83 46 36 42 54 22 83 46 36 42 54 22 83 - A t-A t 36 42 54 23 83 44 36 42 54 23 83 44 36 42 54 23 83 44 36 43 54 23 83 44 36 43 54 23 83 44 36 43 54 23 83 44 36 43 53 23 83 44 35 43 53 23 83 44 35 42 53 23 83 44 35 42 53 23 83 44 35 42 53 23 83 AA 35 A2 — 53 23 83 44 35 42 53 23 83 44 35 42 53 23 83 44 35 42 53 23 83 44 34 42 53 23 83 44 34 42 53 23 83 42 34 42 53 23 83 42 34 42 53 23 83 43 35 42 52 22 78 42 34 42 52 22 78 43 35 42 52 22 7R 45 35 42 52 cr- C-i Day 1 2 3 4 5 6 7 10 11 12 13 A 4 I t 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 MONTH: Nov-04 C-j Day 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 MAG IV SYSTEM DAILY LAGOON FREEBOARD MONTH: Dec-04 • f s �I�IIIIII� . f �■� IIII ��III�,■ i �IIIIII�I� • �IIIIIIII���II�I��IIII�IIIIIIIII� �■ f �� III �� II �II���IIII���� ���.• IIII ���� �■ ��I����� IIIII ����� i r s I C .3 cam. 5 t}•i ,� i MAG IV SYSTEM DAILY RAINFALL MONTH: Oct -Dec 2004 Day 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 @ yy F � AF7 VV I Mal If V. rl"-a$5 Jr„ otfuriuldry North Carolina Department of Environment and Natural Resources CO Alan W. Klimek, P.E. Director T > . ; -.4 Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQ1JESTgD Mr. A.J. Linton Murphy Family Ventures, L.L.C. _FU -r P.O. Box 1139 C3 Wallace, North Carolina 28466 1" C3 cc M Subject: NQT]Cg OF VIOLATION C3 NCGS 143-215 et seq. & Section 402 of the Clean Well 1c:33 Mag 4 Sow, Melville 1 & 2, Dell Farm, & Section 1 Site' C3 Facility No. 82-771 r-4 Sampson County ruLn Permit No. NCO086614 Dear Mr. Linton., 'I G Postage S .37 Certified Fee — Postmark Return Receipt Fee Here (Endorsement ftqUjreC) 1/13/05 Restricted Delivery Fee (Endorsement Required) Total Postage & Foos A.J. LINTON . ............................................ .............. PO BOX 1139 YIP—,* 4*******"* --------------- ----------------- — ...... VAYMCE, NC 28466 IS 170,111 MO. Japlumy 2001 ""'See —Reverse (or Instructions You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination System (NPDES) permit for the subject animal waste disposal system pursuant to N.C. General Statutes 143-215 et seq. and Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit. Violation 1: Failure to maintain adequate freeboard -level records. (Permit No. NCO086614 Section 111.8.) Between August 13, 2004 and August 16, 2004, the facility received 5.39 inches of precipitation as recorded by farm staff. During that time, there was neither a recorded change in the Melville 2 lagoon level nor a corresponding irrigation event or lagoon transfer to account for the lack of volume accumulation. Required Corrective Action for Violation 1: Take all necessary steps to insure proper monitoring and recording of lagoon levels. The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before January 31, 2005: 1. Please have the OIC for this farm include an explanation as to how this violation occurred. 2. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in the future. 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 $25,000.00 per day per violation. ASIM Division of Water Quality/Aquifer Protection Section WCO 225 Green Street, Suite 714, Fayetteville, NC 28301-5043 ENUR Phone: (9110) 486-1541 FAX: (910) 486-0707 Internet: httP:aw.ehnr. state. nc.us Customer Service: (800) 623-7748 Mr... Lin"ton January 10, 2005 Pagel2 If you have any questions concerning this matter, please do not hesitate to contact either Mr, Todd A. Bennett, Environmental EnginAAr, or myself at (910) 486-1541, Sincerely, Stephin Barnhardt RegiortQl 4quifer Protection Supervisor SBItab Keith Larfck - Compliance Group Sam Warren - Sampson Co. MRCS Trent Allen - SWC, FRO Central Files - Raleigh SENDER: C40MPLETE THIS SECTION COMPLETE THIS SECTION ON DEUVCnY 0 omI:ile-ti —2� 'C o complete -'-A74� aiv'e d I b - y jVI Item 4-If Restricted Delivery is desired. -0 a Print your-nameznd address on the reverse so that we can return the card to you. C. Signature 0 Attach�' this card to the backrof the mallpiece, X Agent or on the front if space permits. Addressee 6: Is delivery address different fro k Item 1? 0 Yes 1. Article Addressed to: If YES, enter delivery address below: 0 No MR. AR! LINT ON MURPHY FAMILY VENTURES, L C. ow PO BOX 1139 WALLN-CE, NC 28466 3. Service Type 0 Certified Mail El Express.Mall 0 Registered O. Return Receipt for Merchandise 0 Insured Mail 0 C.O. D. 4, Restricted Delivwy? (Extra Fee) Cl Yes 2. Article Number (ftnsferitmT service label) i 7001 25 10i, H 0 3, Kjo; 2 99 1 R$ Form 3811-,,March�200t .,Domestic Return Receipt 102596-01-M-1424,, Mr. Stephen Barnhardt NC Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 January 31, 2005 Subject: Notice of Violation Dated, January 10, 2005 Dear Mr. Barnhardt-. In response to the Notice of Violation issued by your office, dated January 10, 2005, 1 reviewed the permit and the section referenced. In your letter, you referenced Permit No. NC0086614, Section 111.8. The violation as stated was for failure to maintain adequate freeboard -level records. I was unable to find the reference in the permit under the section stated. I believe that this section of the permit references discharge from, the waste collection, treatment, storage and application systems to waters of the US. In an effort to respond appropriately and responsibly to the alleged violation, I would like clarification as to which specific section of the permit you deem to have been violated. If you have any further questions please contact me at 910-285-1357 or by mobile at 910-27 t-0361. Sincerely, AJ Linton Environmental Manager Murphy Family Ventures PO Box 1139 Wallace, NC 28466 Mr. Todd Bennett NC Division of Water Quality 225 Green Street, Suite 714 ill Fayetteve- I I � � — NC 28301-5041 Subject: Notice of Violation Dated, January 10, 2005 Dear Mr, Bennett: Response to the Notice of Violation issued by your office, dated January 10, 2005, Mnrrh 11 ')(113'% Violation 1: Failure to maintain adequate freeboard -level records, (Permit No. NCO086614 Section 111.8.) Explanation: Upon investigating the violation it was discovered that the person assigned to read the daily freeboard was not reading the lagoon level gauge as directed, Action: The person was let go by the company, I think that we have shown our dedication to performing our responsibilities as set forth in the permit. We have demonstrated by our actions that we will not tolerate any deviation from the requirement in our pen -nit by any of our employees. We will also be reviewing the records on a more frequent basis in an attempt to detect any problems and address them as they occur. If you have any further questions please contact me at 910-285-1357 or by mobile at 910-271-0361. Sincerely, A6 Linton Environmental Manager Murphy Family Ventures RECEIVED MAR 2 9 2005 DENR - FAYEMLLE REGIONALOCE IType of Visit I* Compliance Inspection Ct Operation Review p Lagoon Evaluation '" 1 Reason for Visit ! Routine 0 Complaint Q Follow up 0 Emergency Notification a Other fl Denied Access Facility Number i a'��� �' . Irate of Visit: Ott Time: Q Not Operational Q Below Threshold Permitted K Certified Q Conditionally Certified Registered Date Last Operated or Above Threshold:............ Farm Name: .1i'�,.� i-tf County: Owner Name: . _.....";, rwt ... ..,....e ._. » .»,........ 'Phone .) No: Mailing Address:..»P Facility Contact: .... ........ L' !MfQ..!* :....._._._...._... Title: ,.. » ..»..... ».............. .. » ..,...... Phone No;....pp..... ».., .... ...,... ....... ............. Onsite Representative:.. ,.,».. ..., ....». ». ».! ."` o`'�.....» .....»..»..» . Integrator Certified Operator:._,„ ..„.? ;, „ ;.,. ... ,. ""� v�. Operator Certification Number:.».„„i k (Q,z-, ., 4; ! . 1 . a a' -T ■ ■ ■ ■ � � � � Discliarees & Stream Imriacts 1. Is any discharge observed from any part of the operation? ❑ Yes RNo Discharge originated at: © Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes 0 No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) 0 Yes ❑ No c. If discharge is observed, what is the estimated flow in aailinin? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes Wo 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? 0 Yes Wo Waste Collection & Treatment 4. Is storage capacity (freeboard phis storm storage) less than adequate? ❑ Spillway ■= Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: _ hl«. 4 V !L 1 .6 *2 Freehoard (inches); � _ 12112103 Continued IFacflity.Number: 82- Date of Inspection l0 t"# 4 .1 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate oublic health or environmental threat. notify DWO) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste A pRh�cafion 10. Are there any buffers that need maintenancetimprovement? 11. Is there evidence of over application? If yes, check the appropriate box below. Ej Yes Wo 0 Yes RYNo E:1 Yes [BNo 0 Yes 14 No [I Yes IgNo [3 Yes CgNo 0 Yes M No [3 Excessive Ponding [3 PAN [3 Hydraulic Overload ❑ Frozen Ground [3 Copper and/or Zinc 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWN2)? [:]Yes EJ No 14. a) Does the facility lack adequate acreage for land application? E] Yes RNo b) Does the facility need a wettable acre determination? 0 Yes ULNo c) This facility is pended for a wettable acre determination? ❑ Yes RNo 15. Does the receiving crop need improvement? ❑ Yes JgNo 16. Is there a lack of adequate waste application equipment? 0 Yes UgNo Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below Q Yes [] No liquid level of lagoon or storage pond with no agitation? 18. Are there any dead animals not disposed of properly within 24 hours? Q Yes Pj No 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, [3 Yes R No roads, building structure, and/or public property) 20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ Yes Of No Air r.11=111- --tative im—distely Facility Number: Date of Inspection Required Records & Documents 21. Fail to have Certificate of Coverage & General Permit or other Permit readily available? Yes PANo 22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (iel WLTI"hocklisthrdesig�aprlftc.) [I Yes No 23. Does record keeping need improvement? If yes, check the appropriate box below. 0 Yes RNO Waste Applicatiorlb Freeboard-*"E'l Waste Analysk-O Soil Sampling`'� 24. Is facility not in compliance with any applicable setback criteria in effect at the time of design? [3 Yes KNo 25. Did the facility fail to have a actively certified operator in charge? 0 Yes 0 No 26. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes J4 No 1107 n.:A ussrely 1-7 AI.A.'LU 1AU1 W WsceW1j11SfXCUV1j WWI 011-41M leprsuenwave LJ 28. Does facility require a follow-up visit by some agency? jj Yes RNo 29. Were any additional problems noted which cause noncompliance of the Certified AWMP7. [:1 Yes E& No IZWV-T. ,� a �! = 30. Is the facility covered under a NPDES Permit? (If no, skip questions 31-35) KYes 0 No 31. If selected, did the 'facility fail to install and maintain rainbreakers on irrigation equipment? 0 Yes %No 32. Did the facility fail to install and maintain a rain gauge? El Yes ®,No 33. Did the facility fail to conduct an annual sludge survey? 0 Yes RNo 34. Did the facility fail to calibrate waste application equipment? Ej Yes CO No 35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below. 0 Yes R&No 0 Stocking Form [3 Crop Yield Form [:1 RainfalKE3 Inspection After I " Rain C1 120 Minute Inspections [j Annual Certification Forst"' 12112103 1(--g ,J —9'/ DM Farms of Rose RM LLC PO BOX 1076 ROSE HILL, NC 28458 Mr. Todd Bennett NC Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Subject: Response to Request for Information 1 would like to address the issues of concern in your letter dated August 16,2004. Vali A kyj V1J SEP 13 2004 F11 - N FNIMA August 30, 2004 Item #IX*— The freeboard of 2 inches on February 10, 2004 was a typographical error on my part. If you took at the freeboards prior to and after the date in question the freeboards were 22 inches. The freeboard on February 10, 2004 should have been 22 inches, I have included the corrected freeboard report for your review. Item # 2: 64 The freeboard levels 'tUl"Ll-W til I IC pV-1-1V-d VofApril 1121-11 J5 were UJO to rainfall received UUrIng the time PC nou . we received 5.1 inches of rain during this period. The rain information that I send you is from the automated rain gauge. The rainfall sent in by the farm staff was different for the same time period. I have included a copy of the farm report for your review. Item# 3: try, The freeboard oft inches on June 28, 2004 was a typographical error on my part. If you look at the freeboards prior to and after the date in auestion the freeboards were 22 inches. The freeboard on June 2R, 2004 should have been 22. inches. I have included the corrected freeboard report for your review. Item# 4: 6 K. The freeboard of 23 inches on January 23, 2004 was a typographical error on my part. If you look at the freeboards prior to and after the date in question the fireeboards were 29 inches. The freeboard on January 23, 2004 should have been 29 inches. I have included the corrected freeboard report for your review, Item # 5: OK The drop in freeboard at the Dell lagoon between April 5-6, 2004 was due to a transfer to another lagoon. I have included the transfer sheet for your review. Item # 6: 01— The apparent lagoon level drop at the Dell lagoon between May 3 1 - June 11, 2004 was a typographical error on my part. I have included for your review the original freeboard report from the farm, M Mr. Bennett August 30, 2004 Page 2 I hope this answers the questions you have about the quarterly report. If you have any further questions please contact me at 910-289- 7364 x 202 or by pager at 910-296-5086. Sincerely, AJ tint -on Environmental Recourse Specialist 11 .174din # I Day 1 2 4 7 8 9 10 11 12 13 14 15 16 17 18 19 MONTH: Feb-04 RECEIVED SEP 13 2W4 @5/30/2004 10:31 9105322087 MAG4 MEN .M. ow"i u, rpky-Bro.. wn. lly R•*Jnfall/WeeP 1,�n Level Recard 1:+Ct" PAGE 01 2004 Janu4my lamird SUN mc 'nip A W90 T4V, M aftuesIm C"o 119fabru prolsbofard IN� t160N TU W n ORt 'qA,r ftw1aw 5 -77- -Z�/T4 2 Z44-2 12 242 id 13/P- f I 2110 W&, 23/ V�s 2 (/65 2 12,11 0. �—o V41D Match board SUN ma 71JE5 WED YHUA il FRI SAT SVIOCUMBI Ch" April Freeboard SUN MON Twes WED THUR F01 SAT 2 //6Z It Y4Z '09 lac/ I 4 z -2 ov z 171ly� * (' /(�Itl ly ;S 'ry 114 42 /SS 6 5-�CKV1,/ 0zTil .,1okV Ia 12 ZA >Ark 2-91 1z 44 If -gU ItZ 1y qj -r-k ' 04 7b-1 May June Frooboard ,rb SUN r k Tijus WED THUR SAT -Z 71416 chaatl SUR MON TUVG ww THtift SAT, — OSIIC 3 7- 2�0 0 to If 12 0 7 I " Z 12 ?,7/ IF Z% ta / -4-- )C if V 'ICY/ 7 2 q Jo Z9(q 94 16 as Zgi 36 if dali v rainfolt totals 1 Inch or are -I t,Initial In box that lagoon 10togrity has been chocked. MONTH: Jun-04 Day 1 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ml 26 27 28 29 30 31 f MAG IV SYSTEM DAILY LAGOON FREEBOARD Day 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 MONTH; Jan-04 IIIIIIIIIIII�� �� ' * � � ,�IIIIIIII�, III�I�I�®,IIIIIIIII�, �� ■ II +�IIIIIII�~� �I IIIIIIIII®1�1����■ I y ®� ����®��IIIIIII�, IIIIIIII�, i * * �I�IIIIIIII�, II���I� III II 1� I� I�I • . II� II II � UI I� III II I QM Farms Lagoon Waste Water Transfer For Transfer From Transfer To RTEM ������1®®������� IMIIIIIIIII��IIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIII�IIIIIIIIIIIII� �_���®��®� �1111�1111111111111111111111111111111111111111111111�{ liiii� i�®�I�-II�■�I�■I������I = i■�ii i���o����■■il�il�l�i�l� riot /tw4fouq 20 13105322087 MAG4 Murp tx)m� A t/ 2 Oily RainfailtMook n Level R*cord -Farm PAGE 01 am, SUN ktN Tusa wril 'THU t Tch" aww" rumy ptosbaard Los F01i WY T WAD TMUR SAT -z 1 44 -7 -y- -,- Q. ---js 7& -742 224 -7 -tZ art 72-17 Iks Cal it 116's .7 1/6s z va 01 I lj TUU WED THUR ard *vr SAT- Chem April SUN MON_ T4C8 WED 7"W F$U SAT 10� 211 Z Y 2 .9/ 14 t2 - Y466 is tilt'4 S.J" di 20 Aq J* zll� 65 34 9 14 it go 7qj 81 34 148 TU ap �n/ May b2udrYd si June SUN MON, I T%MS WKO THPR SAT t Sw TUES W-M 7*WR- W 3AT -FRI -MON All V , / VF 0slic I -en 7, 2-2J 'No zi�, X14C 9 L4z 102/1, vi O's, e*11 � �tl, X a it Ilk to 216 is Y 7q 791a ZCAY T Je -4e- Z2 !"Ts Lq It dally 1,111rfall tows I )nch cw Qrs4l., Initial in box that laacOn Illit"MY hs* b"" ch*eked.' I06/28/9nnA unv no'- Lj A TEX ��e. m fF PAGE 01 -Ur Nh-trphy-B Y r Lw 2004 Daily Rainfall/Weekly Lagoon Level Record 7 Form: January January tMONWVD SUN MON Freeboard structural February Free and 3nC404 WED THUR_ Flit SAT Chock SUN MON TUGS WED THUR 1 SAT — Cho" 13 7 3 3 3, is 5.3 F6- IT Zia March SUN MON TU4 Freeboard WED THUr2 FRI SAT Check April Freelb) and AUNMON TUES WED THUR F I SAT mmmral Chalst INtx �u C�6 <D, D�a �_5 O-)s 5 )(0 D'S ()�i <3 �ks —4 2 is wi ag 4 24 26 14 is ;a It 70 » so A Lmn _ 41 2s 24 r- V LLan 7' oil IN A May SUN "=DN TUEJ Freeboard WED THUR FRI SAT evuetural Check Julie Froob aid SUN MON TUES WED THUR F I SAT Chalk - C-) rt - '31 7so— it -?V _r 3;z to c14 11 Y 13 , t4q 14 Q4 3 q 33 3-1 33 3-T 3 If 3 � 3 q 1$ e- 17 5 a0 11 to 20 21 22 20 ) -( 24 22 23 7`1 Tz.y 25 S3 20 it --To If dalty'rainfallLfAls 1 inch or greater, Initial In box that [*Soon Integrity has been chocked. 02/12103 07/02/2004 FRT 14tni rTT/PY Ain qv?oi r;hnni 07/02/2004 13:59 9102892021 TEX # PAGE 02 Muep;hy-Br4o7tAr Daily Rainfall/Weekly Lagoon Level Record 2004 Fenn: January SUN MON TUE Freeboard WFD THUR FRI SAT struewfal WIWI( February Frmb:ard SUN MON TUES WED — THUR F SAT Siruawrm Check j7— 17 3-0 07 9 4 7 9 G t4 a o 10 11 tz 12 14 ib 3 cl 30 d lb L)b b is '7 111 -jo 211 ✓ d U 27 2a 20 24 44 24 2.1 0 c9 3 23 go 27 2a 29 94 20 uj U March Freeboard SUN MON TUES WED THUR FRI SAT 91TV;Ivrol chock April Freeboard SUN MON TUES WED THUR FIR SAT structurgi Choch 2 2? 4 4 0 to 0?1 <2 7 'A —jo 14 toLr 7 to it 20 it 12 t1 14 is to 1 C--) 21 zi 23 24 25 to 27 tip 19 29 zi 2* - ' J1 d? d(- I I ')� q � 4, Z- -5,:�, )� dR .7,1i 30 26 dAft 20 30 It 26 20 0 21 go go V{lam May Freeboard SUN MON TUESj WED THUR FRI SAT structural Check June Fmabo;prd SUN ON TUeS WED THUR FRr SAT struaffel 30 2 3 4 It 0 x e 4 7 4 9 IQ 11 U V' SAY 2 to 11 11 11 $4 14 14 14 Is 14 ±t 14 31) 20 30 l 36 0 30 30 33 '50 q0 to i I Is if 20 21 22 go 21 (0 92 LIO 21 24 20 g 23vx 24f3i If deity rainfall IXstale I Inch or greater, Inklal in box that lagoon Integrity has been checked. 02/12103 07/02/2004 FRI 14:03 [TX/RX YO 53781 Ofln9 \NA]r� 7 > r 1 9 4 —Z# f F4 L*1 Lr ULI Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources RETURN RECEIPT REQUESTED Ln Mr. David Hulbert -0 nm Farm-, of Pnqiz Hill I I C -a P.O. Box 1076 C3 Rose Hill, NC 28458 C3 Subject: REgUE§T fQR INFOR-MATION C3 C3 C3 Administrative Code 15A NCAC 21-1.0217 Mag 4 Sow, Melville 1 & 2, Dell Farm, & Section 1 Site, c3 Facility No. 82-77 Ln Sampson County ru Dear Mr. Hulbert: 0 lr`- Alan W. Klimek, P.E. Director Division of Water Quality Postage $ .37 Certified Fee Postmark Return Recelpt Fee Here (Endorsement Required) -6/17/04 Restricted Deliver y Fee (Endorsement Required) Total Postage & Fees W"To DAVID HULBERT ---------------------------------------------- — ----------------------------- Street, OrF`09ox/Va. PO BOX 1076 .1 ................................................ NC 28458 1 A;wuoy "10M Soo liev"ns', 1"; During review of the quarterly reports dated April 20, 2004 and July 20, 2004, which you submitted in accordance to Part 111.12 of your permit, several items were encountered that require additional information or verification. The requested information is listed as follows: 1. Verify or correct the freeboard level of 2 inches for the Mag IV Primary Lagoon on February 10, 2004. The freeboard levels directly before and after this date's value are both 22 inches. 2. Provide additional information regarding the freeboard levels for the Mag IV Primary Lagoon from April 12 — 15, 2004. April 12 — 13 have values of 17 inches, and April 14 — 15 have values of 16 inches. 3. Verify or correct the freeboard level of 2 inches for the Melville 2 Lagoon on June 28, 2004. The freeboard levels directly before and after this date's value are both 22 inches. 4. Verify or correct the freeboard level of 23 inches for the Dell Farm Lagoon on January 23, 2004. The freeboard levels directly before and after this date's value are both 29 inches. 5. Provide additional information regarding the drop in freeboard levels for the Dell Farm Lagoon from April 5 — 6, 2004. The 5-inch drop indicated during this time did not have a corresponding irrigation event. 6. Provide additional information regarding the drop in freeboard levels for the Dell Farm Lagoon from May 31 — June 11, 2004. The dates of the drops in lagoon freeboard levels do not appear to correspond to the dates of the irrigation events listed in the IRR-1 and IRR-2 forms. Please send this requested. information along with any applicable revisions of the quarterly reports to the Fayetteville Regional Office by September 13, 2004. If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541, Division of Water Quality/Aquifer Protection Section 225 Green Street, Suite 714, Fayetteville, INC 28301-5043 (-) - -A4 �- /A4A A Phone: wtv F�. JUIV)1866-0707 Internet: httP.//gw. ehnr. state. nc. us Customer Service: (800) 623-7748 Mr. Hulbert August 16,.2004 Page 2 Sincerely, I/ Todd A. Bennett Environmental Engineer It cc: Keith Larick - Compliance Group C. Wilson Spencer- Sampson Co. MRCS Trent Allen — SWC, FRO Central Files - Raleigh M Complete items 1,2, and 3.-Also complete item 4 if Restricted Delivery Is desired. M Print your name and address on the reverse so that we can return the card to you. L M Attach this card to the back of the mailplace, 1, Article Addressed to: i DM FARMS OF ROSE HILL, LLC ATTN: DAVID HULBER71 PO BOX 1076 ROSE HILL, NC 28458 10 COMPLETE THIS SECTION ON DELIVERY Zzim, WIA90 rgffA C. Slgng(ure X/ C±c�it _ Jr 0 Agent 13 Addressee D. Is delivery add%w different from item 17 13 yes If YES, enter delivery address below: 13 No 3. Service Type El Certified Mail El Express Mail 0 Registered [3 Return Receipt for Merchandise [3 Insured Mail 13 C.O.D. 4, Restricted Defivery? (Extra Fee) LJ Yes 2, Article Number (TTRsfe' ftm, so 0 jobel) 7-7 6 .'. — i. i'�4 t! —'. 1 0 170 .�251VG 1; 1 0i , 1, PsForm '3811.,*March 20'61' Uomostic Return Receipt M'0' DM FARMS of Rose Till, LLC P.O. Box 1087 Rose Hill, NC 28458 --FRO APR 2004 March 30, 2004 Dwo NCDENR Fayetteville Regional Office Division of Water Quality Dear Mr. Rawls, This letter is in response to your request for information dated March 9,2004. I am the point of contact for environmental issues at DM Farms. I was notified of a problem at Mag 4 and responded immediately. Once I arrived I was busy with an assessment of the situation. I was coordinating the effort to prevent any environmental damage. I was also taking water samples as required by our permit. Once I felt that there was no rhanrA of nnv fiirflipr rEwlinrap and the t-L-nn aim hnA komm T "ntJfuw4 xrniir n0lo'. I believe that the notification was well within the 24-hour notification requirement as specified in our permit. The farm staff is aware of the required efforts that must be implemented to prevent and contain a spill at the farm. They work hard to prevent spills and due a good job in containment. If you have any further questions or comments please call (910) 289-7298. Sincerely, X'(Linton Environmental Specialist 11 DIVISION OF ENVIRONMENTAL MANAGEMENT March 27, 1984 TO: Lee Fleming, Chief Water Quality Section FROM: M. J. Noland, Regional Supervisor Fayetteville Regional Office SUBJECT: Concentrated Animal Feeding Operation McLamb Hog Farm Clinton, N. C. Sampson County On Friday, February 23, 1984, Mr. Grady Dobson, Environmental Engineer, Fayetteville Regional Office, was conducting a complaint investigation from Mr. Gerald Lee, Environmental Technician, Fayetteville Regional Office, Land Quality Section, regarding the siphoning of wastewater from a second stage waste stabilization lagoon into an unnamed tributary which eventually flows into Rocky Marsh Creek, Class "C Swamp" waters in the Cape Fear River Basin. Mr. Dobson's investigation revealed that Mr. McLamb's facility did have a direct discharge to the State's surface waters. The farm is farrow to finishing operation with swine that range in size from 55 lbs to 240 lbs. There are six L- Irnt 2- -2-- ^ r^- L-.- rr houses 30' X IOU in !)1,4e CUrILdining dPPrUY,1f11d-Le1y 2,500 swine yredLer than 53 lbs in weight. A seventh house 25' x 100' is divided into four separate sections housing approximately 1,800 swine weighing less than 55 lbs. All houses discharge into a two stage lagoon system (see attached sketch) in which the gpcnnd Rtacp haq a dirprt diRrharap to the Statp'q -,ijrfarp watprr— During the course of the inspection, the following determinations were made in accordance with NC Administrative Code 2H.0123(a)(2) for a concentrated animal feeding operation as described in 40 CFR 124.82(a)(2)(ii)(122.54 Amended), which covers facilities with more than i,000animal units (2,500 swine weighing over 55 lbs). McLamb's Hog Farm's operation houses currently 2,500 swine (1,000 animal units) weighing over 55 lbs and an additional 1,800 swine (pigs) weighing less than 55 lbs. A. It was determined that a pollutant discharge does occur to the surface waters of the State through a wastewater flushing system into a holding lagoon and an overflow from the lagoon into a drainage ditch which is directed to the surface waters. B. The discharge does occur to the State'e surface waters (Rocky Marsh Creek, a class "C"Swamp stream) via a siphon pipe which originates within the property of McLamb,Hog Farm. The discharge does occur as the result of improper waste management practices and is not the result of a 25 year, 24 hour rainfall event. Tl. A \ I I , e sec o n AV tk 2 nu j s t1age luagoon. of McLamb Hog ils used `a,5 P, recycle; lagoon for the purpose of flushing the houses. The discharge is the result Memo to Lee Fleming Page 2 March 27, 1984 of an improper dike elevation on the back side of this lagoon. In accordance with field evaluation and the "Concentrated Animal Feeding Operation Regulation," the owner should be given notice in accordance with subchapter 2H, Sect I ion .0123(b). It is recommended that the attached letter be sent to McLamb Hog Farm notifying this swine operation that a permit application needs to be submitted or the discharge eliminated within 60 days in accordance with NC Administrative Code and.Code of Federal Regulations. GD/fc ;V Attachment >"< lie Yk amig5w. JA -10 4-11 � AJUr44orx o '\WN, A Michael F. Easley, Governor Lo--- William G. Ross Jr.. Secretary kk North Carolina Department of Envirmunent and Natural Resources 40 Alan W. Klimek, P. E. Director > Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality March 9, 2004 CERTIFIED MAIL RETURN RECEIPT REOUESTED rn D.M. Farms of Rose Hill, LLC -0 Ln Attn: Mr. David Hulbert -1 P.O. Box 1076 Rose Hill, NC 28458 Subject: NOTICE OF VIOLATION Mag 4 Sow, Melville I & 2, Dell, and Se Facility No. 82- 77 Sampson County C3 rl Ln ru I= UIPfir You are hereby notified that, having been permitted 10 system NPDES permit pursuant to NCGS 143-215. 1, you have been found to be in violation of Permit. rl Your IN lluo V On January 28, 2004, staff from the Fayetteville Regional Office of the Division of Water Quality responded to notification from the Mag 4 Sow Farm of a swine wastewater spill. Staff arrived at the farm at approximately 2:45 pm that afternoon. Information from farm officials stated that a blocked discharge line had caused an unpermitted release from the waste treatment system. Assessment of the time of arrival disclosed wastewater behind one of the confinement houses. The wastewater was slowly seeping overground and entering a subsurface drain system that emptied into a nearby stream. This stream is a drainage feature UT of Chicken Bone Branch. Approximately 50 yards downstream of the confluence of the drainage tile outflow and this stream farm staff had constructed a dam and were pumping this wastewater/freshwater mixture hn(-L- irktrN thi- lncfnnn Finri-hi-r dnxvn,;,.tn,.,kn-k thi-tv find dita n t-.ntr.h hqQin in thn I TT in nrt-.vf..nt the wastewater from entering another U'I'of Chicken Bone Branch. Subsequentfiollow-up visits confirmed that farm staff continued to pump the waste from all three locations back into the waste treatment system. Discussions with farm staff indicated the problem was discovered around 9.30 am *and containment began around 10: 1 5am. Mr. AJ Linton in his report of the events states he called the FRO at approximately 1:00 pm. The Division of Water Quality requests that the following items be addressed: I. Please write an explanation of why the Fayetteville Region Office was not notified soon ezyvmL' WA ric NT N. C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville, North Carolina 28301 (910) 486-1541 Fax (910) 486-0707 Customer Service 1-877-623-6748 Mr. David Hulbert 3-09-04 Page 2 2. Please advise farm workers in spill response; which would include containment to the confinement house area of waste spills if possible. 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 $25,000.00 per day per violation. Please provide this office with a written response on or before March 25, 2004 as to the actions taken or proposed to be taken to avoid this situation in the future. If you have any questions concerning this matter, please do not hesitate to contact Mr. Larry Baxley, Environmental Specialist, or myself at (910) 486-1541. cc: Kenn LariCK - Compliance Group Sam Warren - Sampson Co. MRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh 0 Complete Items 1, 2, and 3. Also complete item 4 if Restricted Deliveryt IS desired. 0 Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the front it space permits. 1. Article Addressed to: MR DAVID HULBERT POB OX 1076 ROSE HILL NC 28458 Sincerely, pnill F. Rawk Regional Water Quality Supervisor A. Received by (Please Print Clearly) 13. Date of Delivery C. Sig 6re 0 Agent X 0 Addressee D. s delivery at different from item 1 El Yes 111 YES, enter delivery address bolovv: 0 No 3. Service Type 0 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise C] Insured Mail 0 C.O.D. 4. Restricted Detivery?-(Extm Fee) 0 Yes 2. Article Number (Transfer from service label) i 1..7:0041, 2510,;01003.4011 N. C. Division of% PS Form 3811, March 2001 Domestic Return Receipt 63 10259;.01-M-14241 WOE Customer Service 1-977-623-6748 NNA T Michael F. Easley, Governor William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P.E. Director Coleen H. Sullins-, n -11— Division of Z01 Water Quality December 3, 2003, CERTIFIED MAIL U.S. stService PoalCEATIFIED RETURN RECEIPT REQUESTED MAIL RECEIPT I M (0011)cslic M.1d 0111y; NO Instiriurce Covor�igo Providecl) D.M. Farms of Rose Hill, LLC M -AL Attn: Mr. David Hulbert r-L-OFF U'SiE P.O. Box 1076 r- Postage $ # 3 7 Rose Hill, NC 28458 i Cordfied Fee SUBJECT: NOTICE OF VIOLATION C3 C3 In Return Receipt Fee (Endorsement Required} 1♦ ,7-S — postmark Here Mag 4 Sow, Melville I & 2, Dell, and, c:' Restricted 0911very Foe (Endorsement Reoulred) NPDES Permit No. NCO086614 C3 r-1 Total Postage & Feet L$—q Facility No. 82-77 Sampson County Ln ru Sent 'ro 009 4/'mj —1911) •Ae,Id )4Wel 7A- O-,t,,"A---------------------------------------------- -2� or P0Box 4 , Dear Mr. Hulbert: ...................................... ----------- L'Ity, are, zfe+,q �4" /vw plc aev5e You are hereby notified that, having been permitted to eve a swine waste management system NPDES permit pursuant to NCGS 143-215. 1, you have been found to be in violation of your NPDES Permit. On July 15, 2003, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality that the freeboard levels of the lagoons, at the above referenced facility, was less than the minimum required in the NPDES Permit for this facility. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required is a violation of your NPDES Permit. The Division of Water Quality requests that the following item(s) be addressed: Maintain lagoon freeboard at or below the compliance boundary indicated in the facility's Certified Animal Waste Management Plan. 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 $25,000-00 per day per violation. 225 GREEN STREET - SUITE 714 1 SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX WWW.ENR,STATE.NC,USIENRI AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED11 0% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6746 so Mr. Hulbert 12-03-2003 Page 2 Please provide this office with a written response on or before January 2, 2004 as to the actions taken or proposed to be taken to avoid this situation in the future. If you have any questions concerning this matter, please do not hesitate to contact Paul Sherman at (919) 733-5083 extension 529 or me at (910) 486-1541. Paul E. Rawls Regional Water Quality Supervisor cc: Keith Larick - NonDischarge Compliance Unit Sam Warren - Sampson County NRCS Trent Allen - DSWC Fayetteville Office Central Files -Raleigh IN 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. bark of the mallp ece • Attach this card to this b c I or on the front if space permits, 1. Article Addressed to: 1JMNff1.1'*T, W-19NIMM941401"J'"MIA19 ATTN MR DAVID HULBERT PO BOX 1076 ROSE HILL NC 2845 8 A. Received by (Please Print Clearly) B. Date of OeWery I C. Sln�ture — 0 Anant D. Is delivery addAmh different from item 1 ? LJ Yes If YES, enter delivery address below: ED No 3, Service Type Z Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 13 C.0.0, 4. Restricted Delivery? (Extra Fee) E3 Yes 2. Article Number flMnsfer from service label) 7001 2510 0000 6679 7313 PS Form 3811, March 2001 Domestic Return Receipt 102595.01-M-1424 ),A DM Farms of Rose Hill LLC 'AN PO BOX 1087 ROSE HILL, NC 28458 Mr. Paul Rawls NC Division of Water Quality 225 Green Street — Suite 714 Systel Building Fayetteville, NC 28301-5043 December 31, 2003 Subject: Response to NOV for NPDES # NC 0086614 Dear Mr. Rawls: This letter is in response to the Notice of Violation dated December 3, 2003 for facility No. 82-77 located in Sampson County. Upon reviewing the information given below, we request that you rescind the NOV that your division issued. We at DM Farms, strive to keep all of our farms in compliance with all applicable laws. During the first six months of this year, we had far greater than average rainfall. It is for that reason, we find it very frustrating that your division would issue a NOV for freeboard violations at the above mentioned farms. As you can see from the graphs provided, DM Farms went into the winter of 2002, and spring of 2003 with our lagoons at, or nearly at, stop pump. We have included graphs which track our lagoon levels each week in relation to the min received during the same week. In the year 2001, we received 20.2 inches of rain for the months of January — June. For the same time period in 2002, we received 24.3 inches of rain. For the same time period this year, we received 36.02 inches of min, which was 13.8 inches more than the average of the prior two years. We were in telephone contact with your office and notified you as required. We sent the required paper work as instructed by your inspectors. We accompanied your inspector on a site visit of the farm. We irrigated the waste on the spray -fields as conditions allowed and lowered our lagoon levels to the required minimums. We feel that our actions were appropriate and responsible given the conditions we faced. As for steps to prevent this in the future, we will continue to maintain our lagoons at the lowest possible level during each season. We hope this will answer any questions you may have regarding the situations as well as plans to prevent this in the future. If you have any further questions, please do not hesitate to call me at 910-289-7364 ext. 202 or you may page me at 910-296-5086. Sincerely, AJ Linton Environmental Resource Specialist 11 Mag 4 -- #4 Rainfall Lagoon#1 _y__ Lagoon#2 � co Q e Q c CD at 00 o n ui rn ip % t t tv N U') #(D h m Uri O eN- 0 I 3 6 9 12 I I f I I f 15 18 2i 24 27 30 W 33 36 i atei 39 42 } 45 48 p 51 m 54 57 60 63 66 69 72 $ 75 7$ 81 84 87 Date Rain Lagoon 1 lagoon 2 1I31103 4 23 62 2/28/03 6 21 55 3/28/03 7 22 43 4/25/03 5 19 39 5130I03 10 17 37 6127103 5 21 21 7125/03 16 10 17 8/29103 5 17 28 9/26/03 5 17 44 10/31/03 5 22 80 11 /28/03 3 22 74 12/26/03 6 22 64 MEN 1 Rainfall —�—Lagoon#1� C, IR co cm cq v W) (D P. CD 0 2 4 1-41 6 10 12 20 22 24 Wco 26 28 > 30 9 32 34- 0 36 38 40 42 44---- 46 50 52 54 56 58 60 Date Rain Lagoon 1 1/31103 2 30 2/28103 4 29 3128/03 5 26 4125/03 6 22 5/30/03 7 21 6/27/03 5 20 7/25103 12 13 8/29103 3 21 9/26/03 4 26 10 1 3 5 36 11/28/03 3 40 12126103 5 39 MEN 2 Rainfall Lagoon#1 V3 cn cn co (n Cl) m m m m cn C-4 (N It Lip (v f- 0 2 4- 6- 8 10 12 14 16 -- — — — — — — — — — — — — — — -- 18---- . —T- 20 22 24---- 26---- 28 -- — — — — --- — — — — — — — — 32 34 .......... . . ....... ... . .. ... ...... T i- co 36 38-- 40- 42 - 44 46- 48- 50 - 52 54 56 -F- 58 60 Date in La -goon 1 1/31/03 2 37 2128/03 4 34 3/28103 5 31 4/25103 6 28 5/30/03 7 24 6/27/03 5 23 7/25/03 12 15 8129/03 3 33 9/26103 4 31 10/31103 5 31 11/28M3 3 32 12126/03 6 26 DM 1-4 JlRainfall �Lagoo�n#1 co co C) n to (D (D Q Q Q S2 Q e! Q Q C) C4 C'4 m v to to t— cc m o 2 4- — — — — 6 -- 0 12 14----- 16---- 18 20 22 8 2 > 30 32- 34 0 36 38- 40 - 42--- 44--- — — — 46--- — — — 48 50 52 54 - ------- -------- - 56 5 8 T E L 4 4- #--, 60 -T -#- Date &oL Lagoon 1/31/03 2 40 2/28103 4 34 3/28103 5 30 4125/03 5 29 5/30103 7 25 6127/03 5 20 7/25/03 17 22 W9/03 3 19 9126103 4 25 10131/03 5 37 11128103 3 37 12126/03 5 35 DELL JlRainfall —�Lagoo�n#1 co co co U0 h LO m co m a � Q Q S�! Q Q e! Q Q4 i cli m It LO CD fl- to 0) 0 2- 4- 1 1-41 8 10 -T7 12 14 16 1 8--- 20- 22--- 28 > 30-- J( 32-- 34 -- 36- -A m--0— — 38-- 40-- 42 44--- 46--- 48 50 52-- 54 - 56-- 58- Cate Rain Uawn 1 1/31/03 2 41 2/28103 4 34 3/28103 5 29 4/25/03 6 23 5/30103 7 21 6/27/03 5 20 7/25/03 12 17 8/29103 3 26 Q/2E/03 4 36 10131103 5 38 11128103 3 35 12/26/03 6 33 1. A Facilim.Number bate or%*isit: F J-dle-ol Time- c2 -' -9-5- Umperational 0 Belox Threshold M Permitted M Certified 13 Conditionally Certified E3 Registered Date Last Operated or Above Threshold: Farm Name: Counti. a j2c, IQ So XJ Owner ..Name: h a r Yr1 S o h 9050 14-,11 LLC- Phone No: Gul 0) J q 3.1 1EX -V, 9 5 A Mailing Address: '7 1-\"\k kv.'k� caVCA 'k e'a' Llj-i F2cilit,%, Contact: Title: ryl n — el C' Phone No: Onsite Representative: L w tj Integrator: kx Q�4 - Certified Operator: 1_; Nj Operator Certification Number: N0003-1* Location of Farm: 41swine rIlloultry M Cattle [I Horse Latitude Longitude Design Current Swine 17anurift Tnnnlatinn I[E Wean to Feeder RL Feeder to Finish LB 17 arrow to Wean Farrow to Feeder ❑ Farrow to Finish —Gilts_ F-1 Rnam Design Current Design Current Poultry Capacity Population Cattle Ca achy Population JEJ Laver I I JE1 DaiEX I JE3 Non -Laver I I JEJ Non -Dairy I JEJ Other I I Total Design Capacity Total SSLW Number of Lagoons ".,IE] Subsurface Drains Present Holding Ponds / Solid Traps o ][]No Liquid Waste Manager Discharges & Stream IM12acts I . Is any discharge observed from any part of the operation? Discharge orizinated at: [I Lagoon [I Spray Field 11 Other a. If discharge is observed, was the conveyance man-made? b. if discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. if discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste CQIICgtiS!a & Ireatmellt 4. Is storage capacity (freeboard plus storm storage) less than adequate? Spillway Structure I Structure 2 Structure 3 Structure 4 Structure 5 Identifier: Freeboard (inches): 05IV3101 _j Spray Field Area I I FOR M- El Yes [Z] No Yes (Z No ❑ Yes El No Structure 6 Continued I Facility Number: ?a--w'7-f Date of Inspection I I- 0-F-D41 5, Are there any immediate threats to the integrity of any of the structures observed? (ic/ trees, severe erosion, seepage, etc.) 6, Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an Immediate public health or environmental threat, notify DWQ) 7. Do any of the structures,need maintenance/improvement? & Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? WitateARIllication 10. Are there any buffers thatricod maintenance/improvement? IL Is there evidence of over application? 0 Excessive Ponding n PAN 0 Hydraulic Overload 12. Crop type El Yes 0 No 0 Yes 0 No 0 Yes El No [:1 Yes n No F-1 Yes [:) No 13, Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? [3 Yes Fl No 14. a) Does the facility lack adequate acreage for land application? El Yes 0 No b) Does the facility need a wettable acre determination? 0 Yes 0 No c) This facility is pended for a wettable acre determination? El Yes 0 No 15. Does the receiving crop need improvement? [__] Yes El No 16, Is there a lack of adequate waste application equipment? C3 Yes C1 No Reouired Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? rl Yes [__1 No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ic/ WUP, checklists, design, maps, etc.) [:] Yes rl No 19, Does record keeping need improvement? (ic/ irrigation, freeboard, waste analysis & soil sample reports) 0 Yes 0 No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes [:1 No 21. Did the facility fail to have a actively certified operator in charge? Yes [21 No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ic/ discharge, freeboard problems, over application) LE il Yes MW1 No 21 Did Reviewer/inspector fail to discuss review/inspection with on -site representative? E3 Yes [XI No 24, Does facility require a follow-up visit by same agency? Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No J13 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. a ly �"i�6mmead'atlohs 664h diftfifiefits Qeferl iohi'#).S'EkplAln',.any YES answers A bwtejrr,ejjdf(use additl6nalpajeg'ii,mic6s ri wUse drawings of facility #o a y Field Copv Final Notes ji�7 P 0 777 + 0 -�r0ww YNI 4— -L I <V - - lk,A A*%3e_ove--rtcA "oe.-s+p_ 6c'4%i_PL Q_'.. ov. \'O. T 1,S C_ %'.j e, 5 r- w CN � C"- wad +.VC- 're_%"kk- 0-� q. 1-0 t-k r- " C k Cet _&+,1'. T 4 L�j C2 eL 0 pp \r% d ]-Co a p 4 4 F-Y�j 4A+4 'p14r_-_ rz 6 e0' 4 0' < < CL Reviewer/Inspector Name Reviewer/Inspector Signature: Date: 11 1 / 05103101 4 Continued Odor LUM 26, Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 27. Arc there any dead animals not disposed of properly within 24 hours? 28. Is there any evidence of wind drift during land application? (Le, 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.) 31. Do the animals feed storage bins fail to have appropriate cover? 9 32. Do the flush tanks tack a submerged fill pipe or a &rmanent/temporaty cover? *� MM ❑ Yes ❑ No ❑ Yes ❑ No 0 Yes 0 No El Yes M No El Yes M No n Yes n No or% C. d A./ CL C- 06 'J SC( +�'e 14 tk 4- c r tj 7 s7 As 6 LA 0-- 't 1� L^J a.$ f 43 + r- Y' Pw S 0. C- C-1 a 6 L d,+&� J %A -1 ct. A fop ru + c. a X X wa.* S C 10< Q- -J� - 6 6 tt w,%-* 6ri,q r",Wrck 6acL-tAc3 k_\, -+. J� S A-. N r -PL i- �' C� 5 P I % I VJ,) + cLri 7 1, A'14+cv- C-U-Ifs a PJ Cx + : C> C> r LA tJ A1A-kLq IL + � 1-C- Okat-^ C& ..t4k, \C" -i J%A'IN�' "'-J '06+ 200 L460 9-110— O� A-0 -1 1, clot-r- --CIZ VG"', -k k) to i C- CR tA I kv� I C- Ll- P - T�--- c-cl 1,.z t,,+ C, , 'VL 0" %-'Jd-VLA L�C-13 i-kC- 40MWft*-" dCWAJAI�-C(1-� V' 0; L4J"-.r_ 41�" LAT '�JV—iA TC- �'was AP&4-t r O-V 'e'3 I C- V (-30-o4l A, +tGJa c 64A-V, Wa t Aa -,.4 1,10 T� A 1, 6,, 1 - AQ AJ 4 CL C.aj. 05103101 Nov 07 03 10:29a DWQ USEwi (9191733-0059 P.1 N oe Kl^,4k "`-rolina Department of Environment and Natural Resources William G. Ross Jr., Secretary Alan Klimek, P.E., Director Division of Water Quality February 13, 2003 (cY 5 7 6; 7 A. vo MEMORANDUM TO: Keith Larick Non -Discharge Compliance & Enforcement Unit Non- ma FROM: Paul Sher THROUGH: Paul Raw] V Regional W- uality Supervisor SUBJECT: 4th Quarter 2002 Report Review Mag 4 Sow, Melville I & 2, Dell Farm, and Section I Site 4 NPDES Permit #NC0086614 I have reviewed the information submitted by DM Farms for the quarter ending December 2002 and have included the following comment(s): Information required by Condition 111.12 of above referenced NPDES Permit: • IRR-I Forms • 41R'R=2 Forms Lagoon Level Readings Rainfall Readings All required information has been submitted for review. 1. Automatic rainfall gauge is malfunctioning. Several attempts have been made to repair it, however, it only works for a minimal amount of time. Daily manual measurements are being recorded. 2. No items of noncompliance were noted during this review, t- raye"Lleville Regional 0111`5111.0 225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541 \FAX: 91 OA86-0707 \ Internet www.enr.state.nc,us/kNR Information contained in this database is from non agency sources and is considered unconfirmed. Animal Operation Telephone Log DWQ Facility Number r8-2--] —r7-7--1 Date 17-15-2563-] Farm Name IMag 4, Melville I & 11, DELL, QM Time I Caller's Name JAJ Linton Control Number 13599 10 Reporting 0 Complaint Region JFRO Caller's Phone # 1910-289-7364 Access to Farm Lagoon Qnotions Farm Accessible from main road 10 Yes 0 No Breached 10 Yes 0 No Inundated 10 Yes 0 N Overtopped 10 Yes 0 ED Animal Population Water on 10 Yes 0 N Outside Wall Confined 10 Yes 0 Ro-]-] Dike Conditions 10 Yes 0 N; Depop 10 Yes 0 No Feed Available 10 Yes 0 No Freeboard Level Mortality 10 Yes 0 No Freeboard Plan Due Date Inches equals blank) Date Plan Date Freeboard Received Level OK .Lagoonl 1-5---7/17/2003] 17-22-20031 1 1 'limy Availability Lagoon2114" 17/17/20031 17-22-20031 1 Pumping Equipment 10 Yes 0 No Lagoon3FIT 17/17/200 . 7-22-2003) F Lagoon4 FIF- Available Fields 10 Yes 0 No Lagoon5 I? Lagoon6 I? Levels are for Section 1-4, Mel 1, Mel 2, and for the Dell lagoons in that order from top to bottom. POAs -11........ ...................................................... ................. ..................................... .......... ....................................................................... ........... - ............ ............ ......... -- ............ ........... ........ .................. - ........ ..................... ........ .......... ............. - ...................... I ............................. .................................................................. .......................................................... . ................... I I......--.- ................................................. .......................... ............................................................ 11.11 ... I .................. ................ ........... ...................................... ......... , Paul Sherman Comments2 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL F, 82-77 Facility Name: Mag 4 Melville U2 Dell DM 1-4 Certified Operator Name: Alfred Linton County: Sampson I IT E F"'I' Z 22f�03 ivv U. Operator Number: 18626 1. Current liquid level(s) In inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: Ma 4p Mag4s Mel 1 Dell DM 1-4 Spiilway(Y or N): no no no no no Level(inches): 10 17 14 16 is 2. Check all applicable items XXXX Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. XXXX Liquid level Is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action Is attached. Agronomic balance is within acceptable range. Waste Is to be pumped and hauled to off site locations. Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAW IVIP. Operation will be partially or fully depopulated. *Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 7118/03 I hereby certify that I have reviewed the Information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. Do v %A 441 �tr•t Phone: " 10 ~ • Y7 - 2,111 Facility OwnertManager (print)) t t �-'`t Date: /11 J 2 Facility OwnerlManager (signature) 11. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: Ma94 P line I = 361284 gallons 2. structure ID: Mag 4 2nd line I = 1822462 gallons 3. structure ID: line I = gallons 4. structure ID: line I = gallons 5. structure ID: line I = gallons 6. structure ID: line I = gallons n.lines 1+2+g+4+5+g= o. linen/ 27164 = 2183746 gallons 84.42 acre -inches Ill. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING S DAY DRAW DOWN PERIOD"' 'While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate for receiving crop according to its certified waste plan. Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are not considered available to receive waste. .: IRR-2 PAN �balance .: :.. ;.. x. total acres available during 5 day draw down (sum of column Q = 60.84 acres IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE PaA {v Day) 21 line o 1.32 Inches per acre to be applied within 6 days line x If unable to land apply hydraulic load listed In line y, list course of action here Including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate now hydraulic load based on new Information. Plan to land apply hydraulic load: 1. Describe moisture conditions of fields? (e.g. Is there water standing in field; does Irrigation equipment mar sown in tiaia; -trarricaminy- across sons writ sorts aosoro application without runorT, eic.) We ar currently applying on the bermuda land. The bermuda land is taking the waste very well. We are using a semi injection system to apply the waste. We will start applying on the soybean fields on 7/18/03. 2. Date and amount of last rainfall event? DATE: 1 07/15/031 AMOUNT: 0.40 inches 3. 12atgs of last waste aDglication event ger field: 1 March 10 May 2 March 11 July 3 March 16 July 8 March 9 May 4, Given optimum soil and weather conditions, Is Irrigation equipment capable of applying the volume In line "n" at appropriate seasonal (i.e. winter) application rates within 5 days? yes 5. Irrigation schedule for next 5 days - Include daily schedule; proposed application rates and amounts per irrigation event; changes made In gun sizes, nozzles, "o" rings, operating time, travel speed, etc. to meet or000sed chances in application rates and amounts. and any Other information for consiaeration. We are ^sirrantit, running three —S—f ^r-A- h-h- hour- — A— We , — Y - .. .%I ""-- --Y a W�. voy. v. are flowing between leom send -invowrogpl-11 per aerway. We are applying the max application of one Inch per day and are utilizing all our pan as we go. We will use the pivots to help bring down the levels. We also will be making room in other lagoons so that we can transfer water. PoA (5 Day) 2/21/00 OF ! i FOR # ' • AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD 1. Structure Name/Identifier (10): 1 Ma 4 2. Current liquid volume in structural freeboard a, current liquid level according to marker b. designed structural freeboard zone (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) = d. top of dike surface area according to design (area at below structural freeboard elevation) 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design g. volume of waste produced according to structural design 10.0 inches r 12.0lnches 2.0 inches 28g800 ft2 361284 gallons I� h ni irran# hnrrj 34 nnrtifiort hc,rrl fl1� 1 actual waste produced = current herd # x fine g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 5 days/line f = • • i ! t ! ! t » • ! ! 4 . • • t 1. total volume to be land applied line a + line k ft3 !' ! 361284 gallons REPEAT SECTION 'I FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 day) 2/21/00 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (6) DAY DRAW DOWN PERIOD 1. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure NamelIdentifier (ID): I Ma 4 2nd 2. Current liquid volume in structural freeboard a. current liquid level according to marker b. designed structural freeboard zone (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) _ d, top of dike surface area according to design (area at below structural freeboard elevation) e. line c/12 x line d x 7.48 gallons/ft3 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 17.0 inches 31.0inches 14.0 inches 193600 ft2 1689483 gallons 180 days volume of waste produced according to structural design ..52...... a 9• P g 9 ..... 7075 ft h. current herd # 1 44001 certified herd #1 4400 actual waste produced = current herd # x line g = certified herd # 1. volume of wash water according to structural design J. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 5 days/line f = 4. Total volume of waste to be land applied during 5 day draw down 1. total volume to be land applied line e + line k = 527075 ft3 132979 gallons 1822462 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA.(5 Day) 2/21/00 PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. Structure Name/identifier (0): M �a4 � I 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 10.61inches b. designed 25 yr./24 hr. storm & structural freeboard 12.0 inches c. line b - line a (inches in red zone) = 2.0 inches d, top of dike surface area according to design ..2 (area at below structural freeboard elevation) 2898001ft- a. line c112 x line d x 7.48 gallons/fi:3 361284 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 0 1 days g. volume of waste produced according to structural design 1Tt 3 h, current herd # certified herd # actual waste produced = current herd # x line g certified herd # 1. volume of wash water according to structural design J. excess rainfall over evaporation according to design k. (lines h + i + J) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated I 710R m. ((lines a + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (CIIck on the next Structure tab shown below) Imm 2.001lbs/1000 gal. 722.6 lbs. PAN PoA (30 Day) 2/21/00 M DAY DRAW DOWN PERIOD 1. Structure Name/Identifier (10): IMag 4 s 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 17.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 1-37Inches c. line b - line a (inches in red zone) = 14.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 193600 1? e. line c/12 x line d x 7.48 gallons/ft3 1689483 gallons f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 527075 €t3 h. current herd # 4400 certified herd #1 �4400 actual waste produced = current herd # x line g = certified herd # i v-oIume of ur-ach uuo4nr onnorriinn #n rafn�n i—I ef—inn .. .vev �.�v v. a. over aauavr uvvv�u���� av va�vvav�u� vuv�b�� j. excess rainfall over evaporation according to design k. (tines h + i + j) x 7.48 x 30 days/ilne f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 7/2/03 m. ((Ilnes e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) n7f#3 I vl�a 112933 ft3 797877 gallons 0.84 lbs/1000 gal. 2089.4 lbs. PAN PoA (30 Day) 2/21/00 UF-A-VT 30 DAY DRAW DOVA1*50492-- 1. Structure Name/identifier (ID): I Mel i I 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 14.0finches b. designed 25 yr./24 hr. storm & structural freeboard 19.011nches c. line b - line a (inches in red zone) = 5.0 Inches d. top of dike surface area according to design (area at below structural freeboard elevation) 1 2219001 ft2 a, line c/12 x line d.x 7.48 gallons/fi:3 691588 gallons f. temporary storage period according to structural design 1671days g. volume of waste produced according to structural design 1 2032451 ft3 h. current herd #F---6-T270 certified herd #1 6120 ---1 actual waste produced = current herd # x line g certified herd # 4— ---- -4:-- , 0 structural. volume of wash wa&Vl 0�1%,VMWMV L L L UVZP1V1 I J. excess rainfall over evaporation according to design k, (lines h + I + J) x 7.48 x 30 daystline f= 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 1 7/2/03 m, ((lines a + k)/1 000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 203245 ft' .3 V R 75833 1 fi3 gallons 2463.2 lbs. PAN PoA (30 Day) 2/21100 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/identifier (ICY): I Dell 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 16.inches b. designed 25 yr./24 hr. storm & structural freeboard ,19.01inches c. line b - line a (inches in red zone) = 3.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 161753 ft2 e. line c/12 x line d x 7.48 gallonS/f13 302478 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according'to structural design 201764 ft3 h. current herd # 6120 certified herd #1 61 00 actual waste produced = current herd # x line g = certified herd # i {egtllmg ^f xtirsnh lugtgr .-c--ling 4 strlls.411rnt .inning Ir YVIV IIIii-1 11-1 YYPtiJI PVV W.V. {V ®{14VM al VOOI)./1 j. excess rainfall over evaporation according to design k. (lines h + i + it x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 712103 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) A 103 V'1{ 9435611L3 �tTT'TeIk�1iGT.� ��. 1813.4 lbs. PAN PoA (30 Day) 2/21/00 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/identifier (10): F775WTT . 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 15.01inches b. designed 25 yr./24 hr. storm & structural freeboard 19.01inches c. line b - line a (inches in red zone) = 4.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 2014001ft2 a. line c/12 x line d x 7.48 gallons/W 502157 gallons f. temporary storage period according to structural design 1801days g. volume of waste produced according to structural design 261105.91 ft3 — h. current herd # F-7-9-20-1 certified herd #1 792-01 actual waste produced = current herd # x line g certified herd # i vn1i imp of wash wntpr arrnrdinn to nirt inh iral dAginn j. excess rainfall over evaporation according to design k. (lines h + i + J) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period --1 I. current waste analysis dated 7/2/03 m. ((lines e + k)11000) x line I = REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 261106 ft' n I ft3 117483.3 471975 gallons 3701.7 lbs. PAN PoA (30 Day) 2/21/00 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANDIOR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: - Mag4 p line rn = 722.6 lb PAN 2. Structure ID: - Mag 4 s line rn = 2089.4. lb PAN 3. Structure ID: Mel 1 line rn = 2453.2 lb PAN 4. Structure ID: Dell line rn = 1813.4 lb PAN S. Structure ID: DM 1-4 line rn = 3701.7 lb PAN 6. Structure ID: line rn = -lb PAN n. lines + 2 + 3 + 4 + 5 + 6 = 10780.2 lb PAN 111111. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres a. remaining IRR. 2 PAN balance (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (lbs.) column r x a u. application window' 17 Bermuda 2.5 140.00 350.0 Mar -Sep lea Soybeans 4.2 210.00 882.0 Apr -Sep 18b Soybeans 3 73.00 219.0 Apr -Sep 19a Soybeans 5.3 69.00 365.7 Apr -Sep 19b Soybeans 4 85.00 340.0 Apr -Sep 20 Soybeans 4.2 89.001 373.8,Apr-Sep 21 Soybeans 2.2 86,001 189.2 jApr-Sep 22a Soybeans 4.4 100.001 440.0lAor-Seg) 22b Soybeans 3.1 92.00 285.2 Apr -Sep 23a Soybeans 3.8 80.00 304.0 Apr -Sep 23b Soybeans 1.3 120-00 156.0 Apr -Sep 24 Bermuda 2.7 74.00 199.8 Mar -Sep 25a Bermuda 2.7 81.00 218.7 Mar -Sep 25b Bermuda 4.8 60.00 288.0 Mar -Sep 26 Bermuda 2.9 118.00 342.2 Mar -Sep 27 Bermuda 3.3 205.00 676.5 Mar -Sep 28 A.A ),3c rill0011 A KA-0- 29 Bermuda 4.2 94.00 394.8 Ma r-Sep 30 Bermuda 7.3 79.00 576,7 * Mar -Sep 31 Bermuda 4.3 157.00 675.1. Mar -Sep 32 Bermuda 2.9 174.00 504.6 Mar -Sep 33 Bermuda 6.1 175.00 1067.5 Mar -Sep 34a Bermuda 4.6 176.00 809.6 Mar-Se2 34b Bermuda 6.3 177.00 1115.1 Mar -Sep 35 Bermuda 5.7 178.00 1014.6 Mar -Sep •36 Bermuda 0.8 179.00 143.2 Mar -See 37a Bermuda 1.9 180.00 342.6 Mar -Se 37b Bermuda 2.8 181.00 506.8 Mar -Sep 38 Soybeans 1.3 182.00 236.6 Apr -Sep 39 Soybeans 3.3 183-001 603.9 Apr -Sep 40 Soybeans 1 2.1 1 184.001 386.4,Aor-Sep PoA (30 Day) 2i21iO0 '110u.uvI I -T 665.0jApr-Sep 111 M� FIIII ill I Bermuda rill M44 _�iiUTj W1 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 27500.7 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 10780.2 lb. PAN x. Crop's remaining PAN balance (line v from section 111) 27500.7 lb. PAN y. Overall PAN balance (w - x) = -16720 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate now PAN based on new information. If new fields are to be Included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. if animal waste is to be hauled to another permitted facility, provide Information regarding the herd population and lagoon freeboard levels at the NARRATIVE: Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land Is available for pumping if needed. PoA (30 Day) 2/21/00 contained in this database is from non agency sources and is considered unconfirme Animal Operation Telephone Log DWQ Facility Number 82 —r77 Date 17-15-2003 Farm Name IMag 4, Melville I & 11, DELL, DM Time Callers Name JAJ Linton I Control Number 13598 1 10 Reporting 0 Complaint Region JFRO - Caller's Phone # 1910-289-7364 Access to Farm Lagoon Qtp�stion4 Farm Accessible Breached 10 Yes 0 No from main road 10 Yes 0 N7o Inundated 15 Yes 0 No Overtopped 10 Yes 0 No. Animal Population Water on 10 Yes 0 No Outside Wall Confined 10 Yes 0 No Dike Conditions 10 Yes 0 No Depop 10 Yes 0 No Feed Available 10 Yes 0 Eo] FreQboard Level Mortality 10 Yes 0 No Freeboard Plan Due Date Date Plan Date Freeboard Inches (? equals blank) Received Level OK Laaooni 1 -� 17/16/20031 F-----1 I I Spray Availability Lagoon217 1 17/17/20031 Pumping Lagoon3 Equipment n Yes n No 1%J Lagoon4 Available Fields 10 Yes 0 No LagoonS Lagoon6 Ism= rl -Are% f^r mrir" ', on$ "% " A fk^ NAA('-' R/ nrtrrsnlr,v OnA +— ;^ 11-- L-I-1VVI17 4;t1v iVI Fil III ICAI Y VI IV 0%-e%OVI IVUI Y IVZJIJ%Jl 10 CIL U PU IVW-%V IV %0WIIIjJIRUAI %ar-% IV IV,,VVV. ............... -.- .......................... - .......................................................... ..................................... . ................................ 11 ................... ................................................................................... .............................................................................................................................. .......................................................... ....................... ................... I ................................... : ...................................................................... ................................ ................ .................................. .............. .............................................. ...... ...... .............. .................................................................................................................................... ..................... . ......... .................................................... .................... ............... ''k � 7%g 001* Comments2 Information contained in this database is from nOn agency sources and is considered unconfirmed. 4 e., w Animal Operation Telephone Log DWQ Facility Number F8-2-1 —FTTDate 7-15-2003 Farm Name IMag 4, Melville I & 11, DELL, DM Time I Caller's Name JAJ Linton Control Number 13599 1 jig Reporting 0 Complaint Region ]FRO Caller's Phone # 1910-289-7364 Access to Farm Lagoon Ouestions Farm Accessible from main road 10 Yes 0 No Breached 10 Yes 0 N�] o Inundated 10 Yes 0 No Overtopped 10 Yes 0 No Animal Polltilation Water on 10 Yes 0 No Outside Wall Confined 10 Yes 0 No Dike Conditions F0_Yes 1 0 No Depop 10 Yes0 No Feed Available 10 Yes 0 NO " Freeboard Level Mortality 10 Yes 0 No Freeboard Plan Due Date Date Plan Date Freeboard Inches (? equals blank) Received Level OK Lagoonl F1 —5" 17/1712003] 1 Spray Availability Lagoon214"--] 17/17/20051 11 1 1 Pumping Equipment 10 Yes 0 No Lagoon3 1191, Lagoon4 16---:31 j I I ] 17/17/2001 Available Fields 10 Yes 0 Na Lagoon5 I? Lagoon6l tt I? :.,-I- — f— 0-44-- -1 A KA-1 4 hA^1 ') —4 f— ff— n^11 I - - - ^-- ;- *k-+ —4— ;,-- 4^- f^ k^++-- On A - 1 ,VV 0 CSIV I VI %aVt.,UV1 I I-tj IVIVi 1, IVIVI 4., CHU IVI to IV LOVIF ICtVVVII0 114 UICILVIUVI II VI I I LVV L%J LJULLVI I I. 1%J1-%0 ........... Paul Sherman Comments2 Information contained in this database is from non agency sources and is considered unconfirmed. Animal Operation Telephone Log DWO Facility Number F8-2--] —F7-7--] L ------- i Farm Name JlVag4, Melville 1& 11, DELL, DM Caller's Name IN Linton 10 Reporting 0 Complaint Caller's Phone # 1910-289-7364 Access to Farm Farm Accessible from main road 10 Yes 0 No Animal 11--vu-bation Confined 10 Yes UNo� Depop 10 Yes 0 No Feed Avallable 10Yes Mortality JoYes ON:o] Spray Availability Pumping Equipment 10 Yes 0 N Available Fields 10 Yes 0 No Date 17-15-20q--] Time I Control Number 13599 1 Region jFR0_ Lagoon Questions Breached 10 Yes 0 No Inundated 10 Yes 0 No Overtopped 10 Yes 0 No Water on 1-1 0 Yes n No Outside Wall Dike Conditions 1� 0 Yes 0 No Freeboard Levy. Freeboard Plan Due Date Date Plan Date Freeboard Inches I? equals blank) Received Level OK Lagoonl 15" 711712QQ3 7-22-20031 Lagoon2 Lagoon3577 Lagoon4FlT--]711712QQ3 7-22-20031 1 1 LagoonS Lagoon6 Levels are for Section 1-4, Mel 1, Mel 2, and for the Dell lagoons in that order from top to bottom. POAs will.fallow ............................... .............................. .................... ............ .... ... . ........... . .......... ....................................... ............... ......... .................................................................. I-- ......... ......... . ............. I ......................................... ................. - ........ . ......... .......................... ....... ..................... 1--l- .......... Paul Sherman Comments2 0 Division.of Water Quality 0 Division of Soil and Water Conservation .,y 0 Other Agency Type of Visit 0 Compliance Inspection Q Operation Review Q Lagoon Evaluation Reason for Visit O Routine O Complaint a Follow up 0 Emergency Notification Q Other ❑ Denied Access Facility Number Date of Visit: 07-17-2003 Time: 1:2ti m 5777perational Q Below Threshold 0 Permitted ® Certified 0 Conditionally Certified ©Registered Date Last Operated or Above Threshold: - •- -- ,....... Farm Name: ............. County: Stnitsvl�-•--•-----•--•--•--------------- E�i--•--.... Owner Name:---------------------- 1).EAEarwsvfi3tz,5r.Hi11.ULC--_-_ PhoneNo: Mailing Address; ' . Eit17�. R G.......................................................................................... Rost:. kl RAC................................................,......... M.458 .............. Facility Contact: A,1.Lintwx........................................-Title:............................................... Phone No: ...................................... Onsite Representative:Integrator: Certified Operator: Alfir.cdA................................. 2,t1tAtmil.... ........................... ........... ..... Operator Certification Number: JRfi25.............. ............... Location of Farm: iR 1944 to Concord Church, bear left on SR 1003, go 0.7 milies and bear right on to SR 1120 to county line. Road changes to + M 1943. Go 2.0 miles to farm complex on left. Dell Farm entrance on right. ®Swine []Poultry ❑ Cattle ❑ Horne Latitude 34 • 52 10 4. Longitude 78 0 l2 G 40 64 Design Current Design Current Design Currents '' Swine s Ca`'actt Po elation Poultry', CapacitP�ulatiott ., : Cattle Captcfty .Popiilatiari .' ® Wean to Feeder Opp ® Feeder to Finish 27280, Farrow to Wean 4400 ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars 32.080 Number of Lagoons 6 ❑ Subsurface Drains Present ❑ Lagoon Area ❑Spray Field Area Holding Ponds ! Solid Traps ----- ❑ No Liquid Waste Management System Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Yes No Discharge originated at: 1-11.agnon Fl S,nrav izieid l- other a. If discharge is observed, was the conveyance man-made? Yes ❑ No b. If discharge is observed, did it reach Water ofthe State? (if yes, notify DWQ) Yes (-J No e. If discharge is observed, what is the estimated flour in galttnin? d' Does discharge bypass a lagoon system? (if yes, notify DWQ) © Yes 0 No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters ofthe State other than from a discharge? Q Yes No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate'? ❑ Spillway ❑ Yes ❑ No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ....,...k'tlttlJ! ....... ..... Sct�3a..... .................... Freeboard (inches): ............ t-t........... .) 4 .......................... d /&1/71 rantinued Type of Visit Compliance Inspection 0 Operation Review 0 Lagoon Evaluation 1�1 Reason for Visit (A Routine 0 Complaint 0 Follow up 0 Emergency Notification 0 Other El Denied Access Facility Number I Date of Visit: 0--c= I 0 Permitted Certified OConditionally Certified ©Registered Farm Name: te1 q Owner Name: Mailing Address: -1 Time. I T-1; 00 10 Not Onerational 5 ,Below-Xbreshold Date Last Operated or Above Threshold-. County: 12son r Phone No. Facility Contact: k,'n76r) - Title: Phone No: Onsite Representative: A--:y L�-n _F0_-r%f Integrator: Mwol"X Certified Operator: - 41 rft�'p ;y Operator Certification Number: N-6Q5 Location of Farm: 0 Swine 0 Poultry El Cattle El Norse Latitude 0 1 " Longitude I �;� t " , ,. , -: ;';'`Dcslgla 7, -'Current Swine:, Capacity, iPopulstiou`i�' Wean to Feeder kloo Feeder to Finish cCFV&0 Farrow to Wear. A49co 0 Farrow to Feeder Farrow to Finish Gilts Boars La er Dairy Non -Layer ❑ Non Dal1. Other el: Total -Design '( Totals S$" Subsurface Drains Present [[] �Ls oouArea Q Spray Field Area 3 �wow HoldiiiigOon'&/,Sohldire Tra ps 10 No Liquid Waste Management System Ills char.es & Stream Impacts fvl(i 1. Is any discharge observed from any part of the operation? EJ Yes Lp No Discharge originated at: Ej Lagoon F1 Spray Field 0 Other a. If discharge is observed, was the conveyance man-made? rl Yes El No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) rl Yes [3 No c. If discharge is observed. what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes M No 2. Is there evidence of past discharge from any part of the operation? Yes No 411 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Yes Mxft' No Waste Collection &Treatment 4, na ni 171 Ve-s kT_ _b___r_d —u-s storm storage) less than adequate? 41V 0 Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: L4 V116A 14 Mel <11 Freeboard (inches): .21 A Mm C 2 M I .. Continued Facility Number: Date of Inspection F t.- V-4 i I 5. Are there any immediate threats to the integrity of any of the structures observed? (ic/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the 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 waste structures require maintenance/improvcment? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? r_1 V.- rVrX1_ Yes LL4 - 711J�M Waste Application 10. Are there any buffers that need maintenance/improvement? El Yes C9 No hA 11. Is there evidence of over application? 0 Excessive Ponding M PAN [3 Hydraulic Overload 0 Yes VU No 12. Crop type 644� Sr" )I r% rat rl V1.1;191111- eso 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? M Yes No 14, a) Does the facility lack adequate acreage for land application? El Yes No b) Does the facility need a wettable acre determination? M Yes El No c) This facility is pended for a wettable acre determination? El Yes El No 15. Does the receiving crop need improvement? M Yes IM No 16. Is there a lack of adequate waste application equipment? ❑ Yes [X No Required Records & Documents 17. Fail to have Certificate of Coverage —.3, General Vem. ut -or -,other Permit readily aavailable? L0 Yes LJ9 iNo 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ "P, checklists, design, maps, etc.) [I Yes 12 No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) M Yes ES No 20Is facility not in compliance with any applicable setback criteria in effect at the time of design? El Yes 12 No 21. Did the facility fail to have a actively certified operator in charge? E] Yes- 51 No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? El Yes OrNo (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? EJ Yes CS No 24. Does facility require a follow-up visit by same agency? El Yes U No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? El Yes r0ur No JE3 No violations or deficiencies were noted during this visit You will receive no further correspondence about this visit. plahri4h�'YES,sins questiow xy,recommendat ons,or an* othercommenm Comments (refer to 3 'Use drawings of facility 46 better Tuges 8s'""cSsRry,:t, El Field Cory 0 Final Notes n PC, CL-l-, PX:S f r"'d, -$I fiN introns C% _r# to/ Comp lill2nee- a)� _All� 5 rote, L41-4,1 tiltuily r't-Se M�cs arc �tL, W I' rk Reviewer/Inspector Name P X—1 tr ePAT, ;14"7" Reviewer/Inspector Signature: Date: r Cy 05103101 0" Continued THF!IE�LD) August 30, 2002 Mr. Paul Rawls Water Quality Regional Supervisor 225 Green Street. Suite 714/5ystel Fayetteville, NC 28301-5043 Dear Mr. Rawls: Please find attached the Monthly Product totals of hogs slaughtered at Smithfield Packing Company - Tar Heel Division - for August 2002. If you need additional information, please contact me at (910) 862-7675 ext. 261. Sincerely, Smithfield Packing Company, Inc. Tar Heel DRL'U'Sks, L&Ty A. JOmon ice President, Plant Manager LAJ/bic Attachment(s) c: Bill -Gill - Smithfield Packing Company, Inc. - Virginia Barry White - Smithfield Packing Company, Inc. - Tar Heel Division Ralph Wofford - Smithfield Foods, Inc. - Virginia Charles Fiero - Smithfield Packing Company, Inc. - Tar Heel Division The Smithfield Packing Company, Inc. P.O. Box 99 Tar Heel, NC 28392 Tar Heel Division Phone (910) 862-7675 Fax (910) 862-5249 SMITHFIELD PACKING COMPANY AUGUST 2002 KILL REPORT JULY 29 - AUGUST 04 MONDAY 27,023 27,023, TUESDAY 27.110 27,110 WEDNESDAY 26083 898 _26,981 THURSDAY 26976 26.97 FRIDAY 26645 3221 26,8671 SATURDAY 0 1 klkk*A Wkjl� F-WI-TA AUUMI i Ub - AUUU* I 11 MONDAY 27091 27,091 TUESDAY 26636 320 26,956 WEDNESDAY 27 , 147 271147 THURSDAY FRIDAY I 26,938 I 26938 SATURDAY 0 DE 1 Ek?"IF k V-Js�k"U&Klkl AUGUST 12 - AUGUST IS MONDAY 26043 1,042 27085 TUESDAY 27.172 271172 WEDNESDAY 26.864 320 27,184 THURSDAY 26952 320. 27,272. FRIDAY 26,738 3201 27.0581 SATURDAY 01 1 1 611 k, I zi 191,11:4 zi 114 Will tol el I 91kit IkL*A"Al [Al 11-21107 4 Q Al i^-# 10'r 01C 10 MONDAY 29.964 29,964 TUESDAY 29,983 29983 WEDNESDAY 29 1 868 320 70,188, Tut IC.Qf%AV 70 CkAX iin an III A FRIDAY 29,968 160 30,128 SATURDAY 1 01 1 MONDAY 0 TUESDAY 0 WEDNESDAY 0 THURSDAY 0 FRIDAY 0 ISATURDAY 01 0 0 0 * NET MONTH TO DATE TOTAL 662,187 4,342 656,629 * NET YEAR TO DATE TOTAL 4,709,605 18,433 4,727,930 * Not hogs purchased at Tar %*I which completed the slaughter operation ,u a IMIM191-mu W nuv C"1111"V. Prior Pe4od ToteLs 1 4,157,318 14,091 4,171,409 4,171,409 i L SE A, k v 4 y. Smithfield Packing Company Tar Heel Division Monthly Certification Noncompliant Swine Farm Operation Restriction Pursuant to NPDES Permit NCO078344 Special Condition A.(5)., no swine from the following farms have been slaughtered at this facility since the date of notification listed below. This prohibition shall last for 12 months from the month of notification. Swine Farm Facility Number Notification Date Ronnie Hamilton 43-8 12-12-01 John Hendrix 82-323 12-12-01 Joshua Coombs Farm 82-621 12-12-01 Warren Farming Inc. #1 Formerly Thorn keen #1 82-19 12-12-01 Warren Farming Inc. #2 Formerly 'Mompkenn #2 82-683 12-12-01 Pridgen Farm #4 71-17 12-12-01 Mitchell Norris 9-39 7-9-02 Vestal Farm 31-82 7-9-02 Belle Toler 25-22 7-9-02 Squires Sow Farm 9-26 7-9-02 Browns #29 & #93 Finisher 9-153 7-9-02 Beaver Creek Farm 68-3 7-9-02 r%no_q Pine 82-61 7-9-02 Travis Register 82-303 12-12-01 Quality Farms 9-156 8-02 Charles Wooten 71-69 12-12-01 Ma g 4 82-77 7-9-02 0.� co Certified Mail Return Receipt Requested Mr. Robert Urell Smithfield Foods Incorporated 200 Commerce Street Smithfield, Virginia 23430 Subject: Non -Compliant Swine Facilities n -:+ XT U N711AA'7Oil" A r el 11LIL Ilumucr l" Bladen County Dear Mr. Urell: Michael F, Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Qualify July 9, 2002 7 JUL 1 2 2002 Your NPDES permit number NCO078344 issued June 1, 1999 for the Tarheel Division facility, special condition A(5) requires that the facility not purchase for processing any swine finished on a farm that has been finally assessed a Civil Penalty pursuant to General Stature 143-215.6A for discharging animal waste to surface waters or wetlands or overapplying waste. This prohibition shall remain in effect for twelve months from the date of receipt of this letter, The following farms have civil penalties finally assessed for discharging waste to waters of the state or for applying animal waste in excess of the approved application rate: Ronnie Hamilton Facility 43-8 Previously notified in December 11, 2001 letter Hamilton Bros. Farm 473 Hog Heaven Lane Dunn, NC 28334 John Hendrix Facility 82-323 Previously notified in December 11, 2001 letter John Hendrix Farm 1585 Register Sutton Road Rose Hill, NC 28458 Joshua "Jody" Coombs Farm Facility 82-621 Previously notified in December 11, 2001 letter PO Box 612 Clinton, NC 28328 NJ Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1.877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 Stale Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity lAffirmative Action Employer 50% recycled! 10016 post -consumer paper httpYlb2o. enr. state.nc. us Thompkcnn Farm #1 PO Box 901 Warsaw, NC 28398 PO Box 901 Warsaw, NC 28398 Travis Register Farm PO Box 244 Turkey, NC 28393 Charles Wooten Bear Ridge Farm 2850 NC Highway 50 Maple Hill, NC 28454 Pridgen Farm #4 (formerly James B. Peterson Farm) Sherry and Gary Pridgen 65 Horsebrand Rd Burgaw, NC 28425 Mitchell Norris Mitchell Norris # I & #2 289 Turtle Cove Elizabethtown, NC 28337 Vestal Farm Murphy Farms PO Box 759 Rose Hill, NC 28448 Belle Toler Belle Toler Farm 2760 Aurora Road Ernul, NC 28527 Knotty Pine Swine Farm Randy Autry 3515 Bud Johnson Road Clinton, NC 28328 Mag 4 DM Farms PO Box 1076 !Zose Vill, NC 28458 Facility 82-19 Previously notified in December 11, 2001 letter Facility 82-683 Previously notified in December 11, 2001 letter Facility 82-303 Previously notified in December, 11, 2001 letter Facility 71-69 Previously notified in December 11, 2001 letter Facility 71-17 Previously notified in December 11, 2001 letter Facility 9-39 Added Facility 31-82 Added Facility 25-22 Added Facility 82-61 Added Facility 82-77 Added Squires Sow Farm ' Murphy -Brown LLC PO Box 759 Rose Hill, NC 28448 Brown's #29 and #93 Murphy -Brown LLC PO Box 759 Rose Hill, NC 28448 Beaver Creek Farm Mike and Robin Lackey 2425 Breeze Rd. Hurdle Mills, NC 27541 Facility 9-26 Added (applying waste in excess of approved rate) Facility 9-153 Added 11111 1`111 P 1111111 F;:Iij �,11 III r ,g tL If you have any _uesfionsrcgatuj his notification, please contact Steve Lewis with the Non -Discharge .1 - - have � - "I A j 4 Compliance and Enforcement Unit at (919) 733-5083, ext. 539. Sincerely, k/144_*r� /^--Alan W. Klimek, P.E. cc: Gene Stallings, Smithfield Packing Mon -Discharge Compliance and Enforcement Unit, Wilmington Regional Office Fayetteville Regional Office Washington Regional Office Raleigh Regional Office Central files NPDES Permit File Type of Visit 0 Compliance Inspection 0 Operation Review C) Lagoon Evaluation Reason for Visit (Z Routine 0 Complaint 0 Follow up 0 Emergency Notification 0 Other 0 Denied Access Facility Number Date (of Visit: M Permitted EXCertified DConditionally Certified 13Registered Farm Name: vvka7 -4 0 mel ,, tic- jr I see� 1,51ze-, Owner Name: PLrrn-.. Mailing Address: Time: 10 Not O]Qcratin 1Mlow_lhreshold 11 Date Last Operated or Above Threshold: County: PAO Phone No: Facility Contact: 4 ;S k ' , n�.On . Title: Phone No: Onsite Representative: A —or\ Integrator: J,, Certified Operator: e If-i"a kin ur7 Operator Certification Number: es Location of Farm: 17�swlne 0 Poultry 0 cattle 0 Horse Latitude 0 4 " Longitude 0 FE t Discharns jk Stream ImRacts 1. Is any discharge observed from any part of the operation? El Yes 09 No Discharge originated at: El Lagoon El Spray Field El Other a. If discharge is observed, was the conveyance man-made? 0 Yes [_]'No-,'7�' b, if discharge is observed, did it reach Water of the State? (11'yes, noury Dwy) U Yes U No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) M Yes 0 No 2. Is there evidence of past discharge from any part of the operation? M Yes MNo 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? [:1 Yes MNo 3yaste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? Spillway ❑ Yes MNo Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: QL 1:&'tf 4j— d At 'it 00-11 Frceboard (inches): 4 A4 i 2z 141 05103101 Continued v, •" ow Facility Number: Date of Inspection jC S. Arc there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes r'll No seepage, etc.) LAI 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (if any of questions 4-6 was answered yes, and the situation poses an Yes No immediate public health or environmental threat, notify DWQ) 7, Do any of the structures need maintenance/improvement? ❑ Yes No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? 0 Yes No Waste ARIllication 10. Are there any buffers that need maintenancelimprovennent? ❑ Yes No 11. Is there evidence of over application? ❑ Excessive Ponding [I PAN [I Hydraulic Overload ❑ Yes LO No 12. Crop type COM 104 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? Yes ❑ No c) This facility is pended for a wettable acre determination? C3 Yes El No 15. Does the receiving crop need improvement? 0 Yes MNo 16. Is there a lack of adequate waste application equipment? 0 Yes [2 No Reunited Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? rl Yes M No I& Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ic/ WUP, checklists, design, maps, etc,) 0 Yes [8 No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) [:1 Yes (Z No X Is facility not in compliance with any applicable setback criteria in effect at the time of design? Cl Yes M No 21. Did the facility fail to have a actively certified operator in charge? Yes No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? Yes No (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ®No 24. Does facility require a follow-up visit by same agency? Yes [Z No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? 0 Yes [9 No JU No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. .0timments (refertci question,#): Explain Any YES answers i'un-d/-O!any';'re"comme"n'dati---":. onsilor any other comments _�e; tise'dra. wi ngsof facility 1better ioliiiiiit'diit[6ni.1 (bieMdditi6nal�,#ages,a§'�'necessary) 1j qFicid Copy [I Final Notes ca frritIor\ rn W4ud. Dr", ce-nA.4"en, �P Spreabi'neoAe- rites SpNe) Reviewer/Inspector Name Reviewer/Inspector Signature: Date: 05103101 Continued V i., I IFacility Number: Date of Inspection Qda Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or 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 fim(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc,) 31. Do the animals feed storage bins fail to have appropriate cover? 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? IN �- M- VMO rNOMP!j-, ME El Yes 0 El Yes (S El Yes El I fw < ca- 6e- Pmote- Qe';R V e- ro 05103101 fj►'Uivision of Water,Quali 0 Division of Soil and Water Conservation O.Other,Age 4 dtj Type of Visit 4D Compliance Inspection 0 Operation Review 0 Lagoon Evaluation Reason for Visit 49 Routine 0 Complaint 0 Follow 'up 0 Emergency Notification 0 Other 0 Denied Access Facility Number Date of Visit: "Tittle: 19 !3,71 ro— 7_77-perational () Below Threshold M Permitted 0 Certified (3 Conditionally Certified 13 Registered Date Last Operated or Above Threshold: ................... /.'ry County: ...... Farm Name: .......... / ....... .... ...... I ..... .... Owner Namc! Phone No: ...... Mailing Address: ..... oe 017 ............:..,./V.....,.......:{r'....�� ................................................... Facility Contact: .... Phone No: ............. ............. ........... Onsite Rvpresentative..._',#,j�7rf ...... . ... . ...................... .. .......... Certified Operator:, ..... . . .......... Operator Certification Number:......... ........____............. Location of Farm: I& 0 Swine 0 Poultry [I Cattle [I Horse Latitude Longitude Design Current ,5wine Capacity Population Feeder Feeder ccdcr to Finish Farrow to Wean 0 Farrow to Feeder 0 Farrow to Finish I[:] Gilts 10 Boars Design Current Poultry Capacity Population 10 Layer 10 Non -Layer I 10 Other I I Design Current Cattle Capacity Population C3 Dairy I I Q Non -Dairy I I Total Design Capacity Total SSLW Number of Lagoons 1[:] Subsurface Drains Presen:tJO Uagtjon Area-T] Spray Holding Ponds / Solid Traps FM No —Liquid Waste iManagement System I Discharges & Strearn Impact 1. Is any discharge observed from any part of the operation'! Ej Yes 4 No Discharge originated at: ElLagoon E]Spray Field E]Other a. 117discharge is observed, was the conveyance ratan -made'? El Yes XNo b. It'd ischars_,c is observed. did it reach Water of the Statc? di'yes, notify DWQ) 0 Yes WNo C. It'llischar,oc �1.s what ;, 'hu, 'i ......... I ".fl/!nill9 d, Does disch ilroc I)v pass a lagooll sysicill? (II'yes, [lot i I'v I)WQ) n Yes KNO 2. Is there evidence of past discharge lirorn any part ol'the operation? rl Yes P, No ,t7l l, 3. Were there any adverse impacts or potential adverse impacts to the Waters cif the State other than from a discharge'! L' Yes A] LN,U Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate'? D Spillway Q Yes (No Structure„ S1)'UCLur+jj. , 4/ SIRIC(Urc 2 13tjc St cuff; 6 jVg,�� f;, Stru�jwe 4 _S I L I - Itl �)Cfx_l SWIM 1 Identifier .............................. _.7 / . ......... ........... �7 Ll 4? Freehoard (inches): 3C7 L> 05103101 7t- Continued lFacility Number: 9:—: 771 Date of Inspection 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, [I Yes '[No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (3 Yes 10 No (K any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 0 Yes ;K No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 0 Yes ANo 9. Do any auctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? 0 Yes XNo Waste Application 10. Are there any buffers that need maintenance/improvement? 0 Yes t%No 11, Is there evidence of over application? 0 Excessive Ponding 0 PAN 0 Hydraulic Overload 0 Yes 'W'No 12. Crop type r, 13. Do the receiving crops differ with those designated in the Certified tnimal Waste Management Plan (CAWMP)? [I Yes 'UNo 14. a) Does the facility lack adequate acreage for land application? 0 yes WNo b) Does the facility need a wettable acre determination? ❑ Yes W'No C) This facility is pended for a wettable acre determination? 0 Yes Wo 15. Does the receiving crop need improvement? [I Yes ;'No 16. Is there a lack of adequate waste application equipment? [3 Yes NNo Reguired Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? 0 Yes 'RfNo r-N 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 0 Yes ;&No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 0 Yes )&No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? [I Yes No 21. Did the facility fail to have a actively certified operator in charge? [3 Yes RNo 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) [3Yes ;5No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 0 Yes No 24. Does facility require a follow-up visit by same agency? [I Yes IRNO 25. Were any additional problems noted which cause noncompliance of the Certified AW-MP? [3 Yes NtNo r--% IP: *.*WAt!0os:o0 0004con0m *tro o4jeo. 00669 t1hisAlsit; *0:411-irepoN 46, flattho correspondence: A)6ijf this visit: "4'r ". ".._ I vVe- -9 -4 '0005� '." //0/16241A.-f FlIvIal - 7,14 41 ,. / fi/.A.+A y'��}/"*•"�7 /�G�w`yp f� r ,�.+ y ,� /�f �,�f/�/�f' }//�+'' /F/j/ f f ,,,.y '� A ymp 0 4 1; if. I '; 11 -No, Reviewer/Inspector Name t.09 4� 11, 0 1, 31 Reviewer/Inspector Signature: Date: 5100 Facility Number: Date of Inspection Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below Rg Yes [] No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? 0 Yes "M No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, 0 Yes No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes No 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.) ❑ Yes No PJ 31. Do the animals feed storage bins fail to have appropriate cover? El Yes ;.No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? V-1f*'Ycs 0 No 1 Additional Comments andfor, rawings. , 5100 A IType of Visit A'Compliance Inspection 0 Operation Review 0 Lagoon Evaluation I Reason for Visit 0 Routine 0 Complaint 0 Follow up 0 Emergency Notification 0 Other D Denied Access Facility Number F 11"-C1 Date orvisif.. 40, 7:3� Time: 10 Not Operational 0 Below Threshold Permitted [3 Certified 13 Conditionally Certified E3 Registered Date Last Operated or Above Threshold: ................. FarmNaine: ............�,...... F r-..Yv . ......................... .............................. . ..... County: ....... ............. ...... —.1- .......... Owner Name:.... -----Lam±r ------- ------------ zju� - ------- rM ---------------- ------ Phone No: Facility Contact: Aly/! ....... T.1� . ........................ -Title: ..... .......... .......... Phone No: ........ ............ .... Mailing Address: ......... 7 .................... 01& �'na/ .............................. ....... �y Onsite Representative: ......... A-Af.............................................. Integrator:................... MY rpf4.,v..................,............. Certified Operator: .... ................... ......................... ................. .......... _ ......... ...................... Operator Certification Number: Location of Farm: []Swine []Poultry []Cattle [:)Horse Latitude 0 1 44 Longitude 0 4 .4 Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacity Population 10 Wean to Feeder I I 1 10 Layer I I ID—D—aity I I Mcr 17; h I I I Ir-1 M.—I I irl I I M, ' ""I" I I" , . -.. --.' I I I .0 Farrow to Wean 0 Farrow to Feeder E00ther 0 Farrow to Finish Total Design Capacity T6tai,SSLW EoLoars i i I Number6f,Lagoons' ❑Subsurface Drains Presen�t❑Lago�onArea 0 Spray Field Area Holding Ponds 1.SoIId Traps I'Z D No Liquid Waste Management System Discharges A Stream Imp -,jet g 1. Is any discharge observed from any part of the operation? AfYes M No Discharge originated at: C] Lagoon 0 Spray Field 9Other a. If discharge is observed, was the conveyance man-made? ❑ Yes $,No b. II'discharge is observed, did it reach Water of the State? (If yes, notify DWQ) Yes n No c. If' discharge is observed, what is the estimated now in galh-nin? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 0 Yes 0 No 2. Is there evidence of past discharge from any part of the operation? 0 Yes 0 No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? 0 Yes E] No 01/01/01 Continued Facility Number: VZ- -77 Date of Inspection 30. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 3L Is the land application spray system intake not located near the liquid surface of the lagoon? 32. Were ---y major maintenance prob'--MS -With the ventilation ffin%"� .-#-A') f; - t—t— F— t,-I+, or broken fan blade(s), inoperable shutters, etc.) 33, Do the animals feed storage bins fail to have appropriate cover? 34. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? Printed on: 1/412001 0 Yes 0 No C3 Yes F1 No C1 Yes C1 No C3 Yes M No E] Yes [3 No 113 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. 0 Field Copy 0 Final Notes 0-1144 Olt. we-re- �CL� rjfP()f+e� a- LAj a-S ill 4-ke F-arvyi ;j,% Co, 4J1 em, 1)'%. a---cl 1`17 5e#7 Pf ro ma eire -Ige Ae- 6e,11 rc-trml CkL+ 01 4',/� 2,'oo pw-,) we- 74 00-!5-m -OLA4- -4r 'tt e- 4r-a-wr4e- /;he - Aad 1*vkeft- ;It 7/,G. -17,-[d 6d" ,ee-, -hle Old ja3ev-,,v- '11%.e neLi ha-4Xoe. kee,^, blvi4l be,ao� d'5�ceA 4,, e cleo ot W + C/65e-57+ 4-t, +Ie- cree-k o-,d daw% 01 dec-', OU4: �71ere, cort5 &JI F-ti'm A�- Ate 154e Jew &A-- O-n-,'oed' 4)e- o,,,,,h'-,eW eu'de4tce- Yle- r--f-c-'CX -rV C-OffecT -N Cl—I F� Cup-s-irec-w'-' d; 5 c, -a rj e- C"-J-rsl ourCLe), ioe-re l CM 49 K;.�sj /'0 bjaf> AO�J q3 1/4,1 4,4 :-'y RL---ni Cre-e-k, 1t1 me -1 to/A 114e. renrl o4", X. c Uj C*-S f�., T L v4zi,- M(-.'-F<+-e djL/;54ej L,5 --NJ,f-ke d,5c4 n 24,,,J o-4- ,trM14- Wis O-J k4a Co" 1,1 yrrox - C"- &4') TKC c4e-c"'L CF�Ul. I , r r- 'a'b'56rW a., ( 1,5oo kc-d recnck'44j-, 5-4re-"�*%- , AJO k4-U bee^- -fck j�_ re ca &, e r / lljc�-54t, Me Qdtl,') c. al -bl 4 4 zo6(Jd �e C-- f-V-r-Otie r- jt'/h'4 -fjAj co-J4 Reviewer/Inspector Name T. I &A 01/01/01 Site Requires Immediate Attention: NO Facility No. ITZ - 33 04:4111014111 1 1 W I )KI) 19COAAKOI) ZE 2:20) 291 .--- DATEE: fAVA T tr , IVY3 Time: 15,0 Z 0 Farm Namelowner: Del A'S 4 /—Nurphl-1 r2toie/l Mailing Address: PO t3ow /0 9 CA; ovjiAa4Lv ArC -Z25Z/- 'County: -Integrator: Phone: On Site Representative: Crow!, Ptx,-ispac-e- Phone: e, 11/10) -6-3 � - I? & ly� Physical Address/Location: 3 Type of Operation: Swine ✓ Poultry Cattle Design Capacity: - & i , i -z- o . Number of Animals on Site: 6P/2-0 DEM Certification Number: ACE_ DEM Certification Number: ACNEW_ Latitude:— Longitude:_ 0 _'_' Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour storm event (fe"Z '(approximately I Foot + 7 inches) 4 or No Actual Freeboard: Ft. __.K_Inches Was any seepage observed from the lagoon(s)? Yes orS>Was any erosion observed? Yes or� Is adequate )and available for spray? 63eor No Is the cover crop adequate? or No Crop(s) being utilized: caoc/U-/- Does the facility meet SCS minimum setback criteria? 200 Feet from Dwelli5p or (&or No 10,0 Feet from m * W el I s 7, u, , - — w No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes orb Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes OK&> Is animal waste discharged into water offt state by man-made ditch, flushing system, or .., other similar man-made devices? Yes o6o-) If Yes, Please Explain. Does the facility maintain adequate waste management reCeior ds (volumes of manure, land applied, spray irrigated on specific acreage with cover crop)? No Additional Comments: R�C-4 Reve-Is 15:f� Inspector Name' Signature cc: Facility Assessment Unit Use Attachments if Needed. Wi JUL-27-1995 08:35 FROM EHNR WILM REG OFFICE TO B-910-486 0707 F2, Department of Environment, Health, and Natural ReAECER,, v Wilmington Regional Office jazwg R. Hunt, Governor Jonathan B. Howes, Secretary JUL 27 IM FAX COVER SHEET DATE:-,r-_ TO: e CO. FAX #: ! ` '''% REMARKS: FAYETTEVILLE NO. OF PAGES FROM: , J,/)17 I-Nt —0—i e'lrrhonr (910) 39$-390Q 0 Fax (910) 150-2004 An Eqwd Uppontinhy AttinnAtive Avlion Ernpiover P.01 Bob Jamieson T, Regional Manager r- — : el ;UL=27-1995 08:36 FROM EHNR WILM REG OFFICE TO 8-910-486 0707 P.02 Site Requires fn=ediate Attention: Facility No. E DIVISION OF ENVIRONMNTAL MANAGEMENT ' ANIMAL FEEDLOT OPERATIONS SM VTSrrATION RECORD DATE: 7/z. 6 —199-5 Fum Name Mailing A� County: Integrator: On Site Re, Physical Ai 7.v7rp of 0Zno-. stion: Swine k-�' Poultry Cattle Design Capacity: �OAQ�— Number of Animals on Site: t D E.M Certification Number: ACE REM Certification Number: ACNEW Lude: 4, 1.arit j 3S 9Z' Longitude: Elevation: _Feet Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour storm event (approximately I Foot + 7 inches) Yes or No Actual Freeboard: (mac Ft. — Inches Was any seepage observed from the lago"n(s)FfyeAr No Was any erosion observed? lfye or N Is adequate land available for sp ay? keNo Is the cover crop adequate? Yes o�6/, Crop(s) being utilized. 1 0 1)444, Does the facility meet SCS minimum setback c, , teiW 200 Feet from Dwellings` tye)or No I 00'Feet from Wells'! tes)or No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? 'Yes o0l-)31 Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes 0760 Is animal waste 14isdlharged into waters of the state by man-made ditch' flushing system, or other similar mwi-made devices? Yes o� If Yes, Please Explain. Does the facility maintain adequate waste management records (voluTlof anure, land applied, spray inigated on specific acreage with cover crop)? Yes or No A cc : Facility aciljty Assessment Unit Use Attachments if Needed. ITITiZd . P - A;� [3 Division of Soil and Water Conservation 0 Other Agency M Division of Water Quality —A L!'M"22M , I* Routine oconxtaint oFt)lioNt,.upof*i)w2ins p�et:tion-,OFolli)w-up(irt)swcreview 00ther ..Z�,.. Facility Number Date of Inspection I Time of Inspection � 24 hr. (hhumn) *Registered MCerfified [3Appliledfor Permit E3Permitted IGNot O crationFd Date Last Operated: ... ............ FarmName:......... P.r ................ ..................... --.— ....... Owner........................ -- ............. ... .............. Phone No: -- "1- Facility Contact: ...... if . .................................... ................ .. ............................. ............... Mailing Address: '5 ...... ................. ............ .. ............. ...... Onsite Representative:....... ............................................. Integrator: ..... .. . ....... 4 Certified Operator ............ it? ........ ....................................... Operator Certification Number ...... . . .. ............... ...... Location of Farm: Latitude 0 =1 61 Longitude 0 =1 11 llesrgn Current Design , Current' Design Cur><ent ;poultry`CapacitytP opPlatio'nCattle C a I 'P.O p"a"C"If'y P PO4-94AV n Wean to Feeder Feeder Layer JCJ Dairy I iM Elo t er 0 Feeder to Fin Finish 79" F0 Non -Layer I I0 Nan Dairy F ow to [I Farrow to Wean a 112 M Pnrrnw to Pe de.r Other 0 Farrow to Finish g, 0 Gilts Boars N -S"",k 'A 0Subsurface Drains Present Lagoon Area JE3 Spray Fie 10 No Liquid Waste Management System General ❑ 1. 2. Is any discharge observed from any part of the operation? Discharge originated at: 0 Lagoon Field 0 Other a. If discharge is observed, was the conveyance man-made? b DWQ) e ow in gal/inin? ,d. Does discharge bypass a (If yes, notify DWQ) ©Spray . If dischargpe is observed, did it reach Surface Water'! (If Yes, notify . If discharge is observed, what is the estimated fl lagoon system'! 3, Is there evidence of past discharge from any pan of the operation? Isr— L1VAV0—)0"V erse 1 Vi—on, a —�scharge? 5. Does any part of the Waste management system (other than lagoons/holding ponds) require maintenance/improve ent? 6. Is facility not in compliance with any applicable setback criteria in eflect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7/25/97 1I1 pac. s —W t,l�- WU—kVla VCthe 0-- V.t-41 than m Y. HISM A- 0 Yes (q No 0 Yes &+do *PV; 9W'o 0 Yes [4)NO C1 Yes LO No Continued on back Facility Number: rZ-- '7/77 8. Are there lagoons or storage ponds on site which need to be properly closed? 4� Structures (L,,ti!oojis.liolditip...Piiii(is, Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure I Structure 2 Identifier: Freeboard A: _-JA .................. 10, Is seepage observed from any of the structures? Structure 3 Structure 4 11. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenance/improvement? ur any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) VNEVE Structure 5 Structure 6 13. Do any of the structures lack adequate minimum or maximum liquid level markers? Waste Application 14. Is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type _jJ'0F,,P. .. ...... ............ ......... .......... ............................... ............. 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19. Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewedlnspector fail to discuss review/inspection with on -site representative? 22. Does record keeping need improvement? For Certified or Permitted Facilities Qnly 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? Q. No'vio'litio'ns'-6i deficienc'ie's,',,ve're-'n6t'edd'uiin'g this'Nisit'. Yo'u,',viill-'rec'ei'v'e-'no'�ftirtlie'r,.' El Yes KNo El Yes RNo ❑ Yes 5tNo ❑ Yes No 0 Yes No ............................. 0 Yes MNo 0 Yes lkrNo #�V Yes El No C3 Yes 99 No 0 Yes (W No ❑ Yes jg No V1 Yes 171 No U Yes Also Vy Yes 0 No K'Yes 0 No Ar AI,� 4 &ZOe-7 a/- -4-1, IV ' !/a r /Qd ....s / 1J'1/"_ ..J.C.rld"J. .ss /..rt•_..�i yl1 ti ..e .t."t.Cdw.»/.►' 6t.r t'. ''1fyl.. ,e«_../' . / J�.'r 7/25/97 Reviewer/Inspector Signature.. Date: I z —,v— 'V ;7 MURPHY F A M r L V _F A R M S July 28, 1995 Mr. Wendell H. Murphy, Jr. DM. Farms P. O. Box'309' Magnolia, NC 28453 RE: Swine Farm Certification Dear Mr. Murphy: Enclosed for your records is a copy of the final certification for your swine farm along with a copy of your waste utilization plan. Please be aware that you mutt keep a copy of this certification and the waste utilization plan at thg farm site. Your farm is subject to ins'peaidn-by th6'Division of -Env, fiv="ental Maitdgementat,-t,� any time.'Faiturc to have'this'infor;riatiodat4he farni site or failure to'follow thewaste utilization plan puts ybu' in `,nolailci&'of the -State of, North Carolina Non -Discharge Regulations (15A-NCAC-2H, Section .0200, Subsection .0217) and makes YOU ' subject to a Notice of Violation- or fine from. the Division of. Environmental management. If you have any questions regarding this ceftificatiqn' , please call me at (910) 289-2111 ext. 4629. Sincerely: M. Kevin Weston Engineering Technician cc: Kim Patram, Murphy Family Farms Construction Department Sampson Soil and Water Conservation Post Office Box 759, Rose Hill, North Carolina 28458, (910) 289-2 111, M (910) 289-6400 FAM ICY FARMS July 28, 1995 Department of Environment, Health and Natural Resources Division of Environmental Management Water Quality Section, Planning Branch P. O. Box 29535 Raliegh, NC 27626-0535 Attn: Mr. Steve Tedder, Chief RE: DM Farms Section 1, Site 4 - Swine Facility Certification Samspson County,'NC Dear Mr. Tedder Enclosed is the certification form for the above referenced swine farm. By this letter, the owner certifies that the following crops will be planted or sprigged within 180 days of the stocking date of the farm. Stocking Date:__ Barley —Rye j.-"Bermuda Grass (Hay/Pasture} ✓Small Grain Laze _Corn (Grain/Silage) —Sorshum Cotton —Wheat Fescue (Graze/Hay/Fasture) Oats rut.crolr.. p la:_'� k" A till The lagoon effluent will be applied to the crops listed above by Center Pivot Irrigation (Installed/Not Installed) Solid Set Irrigation Onstalled/Not In lied) -Traveling Gun/Reel lrrigati%amNot Owned) Third Party Applicator Other (Explain) Name of Technical Specialist: 1VL Kevin Weston Signature. X. o� Date—, �3,1'-So"_- Name of Lan.Dd Owner. DM Farms M G2 . Siure, gnat V V cc: DM Farms Kim Fatram, Murphy Family Farms Construction Department Post Office Box 769, Rose Hill, North Carolina 28458,(910) 289-2111, FAX (910) 289-6400 ANIMAL WASTE MANAGEMENT PLAN CERTIFICATION FOR NEW OR EXPANDED FEEDLOTS Please return the completed form to the Division of Environmental Management at the address on the reverse side of this form. Name of farm (Please print): QM Farms §@:dion 1. S_fte 4 Address'. P. OEk-nL.,'409 Mann,-lla. NC 20,53 Phone No.: County, Du2jln- Farm location: Latitude and Longitude: Mo 57 2Z/ Ze 12 §E (required). Also, please attach a copy of a county road map with location identified. Type of operation (swine, layer, dairy, etc.): Swine Design capacity (number of animals): 7920 Feeder to Finish Average size of operation (12 month population avg.),. 7220 Average acreage needed for land application of waste (acres): 100.5 — ---------------------- - — ---------- Technical Specialist Certification As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 6F,0005, I certify that the new or expanded animal waste management systemasinstalled for the farm named above has an animal waste management plan that meets the design, construction, operation and maintenance standards and specifications of the Division of Environmental Management and the USDA -Soil Conservation Service and/or the North Carolina Soil and Water Conservation pursuant to 15A NCAC 2H .0217 and 15A NCAC 6F.0001-.0005. The following elements and their. corresponding minimum criteria have been verified by me or other designated technical specialists and are included in the plan as applicable: minimum separations (buffers); liners or equivalent for lagoons or waste storage ponds', waste storage capacity, adequate quantity and amount of land for waste utilization (or use of third party); access ;r ownership of proper waste application equipment schedule for timing of applications; application rates; loading rates; and the control of the discharge of pollutants from stormwater runoff events less severe than the 25-year, 24-hour storm. Name of Technical Specialist (Please print): M. hevin Weston Affiliation: Mu[2hy Family Farms. Inc Address (Agency): P. 0. Box 759 Bose Hill, NC 28458 Phone No, (910)89-2111 Signature: Date'. Erzz�,..� ----- — ------ Owner/Manager Agreement I (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we) know that any additional expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to he submitted to the Di"Osion, of Environmental Management before the* new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state either through a man- made conveyance or through runoff from a storm event less severe than the 25-year, 24-hour storm. The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District Name of Land Owner yi-jease Print, QM Fanms Signature: Name of Manlpg�, XAfferep(Aorn owner (Please Print): RRUCr- LSI&S- Date: �Z-& Note: A change in land ownership requires notification or a new certification (if the approved plan is changed) to be submitted,to the Division of Environmental Management within 60 days of a title transfer, DEM USE ONLY: ACNEW# W 01-1.1h Car —I fit lu Department of Envlronment Health and Natural Resourc�s A 0 Division ot Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston,Howard, Jr., P.E., Director CONDITIONS AND/OR EXCEPTIONS TO CERTIFICATION Address: Pd. Apic County: 17,4 P4,1-v Name of Land Owner (pdnt):L> Signature (Land Owner): Name of Technical Specialist Cerdf*c, (print): M. K 0 _g wN k10.0tr--0,w Signature (Technical Specialist): 2MI-- &4�t. 0U.-RON. Date: e ,-Lll statements below Lh--, Lre ir.:talled by a techr�-dc-2J specialist apply to the =ched certification: The irrigation system has not been installed or eval,_,2,.d concerning noz-7Je size, spray pattern, spacing, pipe size, etc. It is the responsDility of the producer to obtain and operate the system with the proper components and to supply the required maintenance to assure that no runoff of polluL�a,,s due"ic, aiil -,;-aszC Is apply. as '"'Ac 7=�-, 0 By _ (month/day/year) the producer should have an irrigation specialist, possibly the dealer where the system was purchased, prepare an operation and maintenance plan for the irrigation system so that the producer knows how to operate the equipment to m—,-[ Uie non -discharge requirements. The waste management plan for this operation is based on yields higher than what is now recommended by NTRCS; however, these yields are obtainable under high levels of management and the farmer has supporting documentation to justify higher nitrogen application rates. AeV. All, of the permanent vegetation required by the waste management plan has not been established as of the date of this certiEcadorL The producer agrees to establish the vegetation by. !Z%Z9l- (month/day/year), and to provide a temporary small grain crop in case some purnping is required prior to the establishment of the permanent vegetation. The landowner is responsible for notifying DEM in writing that the stated work that has a compliance date has been completed. 711iis notification must be received by DEM within 15 days of the compliance date(s) listed above. Please send vcrificadon of the properly completed work to: DEM Planning Branch, P.O. Box 29535, Ralei-0h, N.C. 27626. P.O. Box 29535. Pdoigh. North Carolina 27626-0535 lolephono919-733-7015 FAX919-733-2496 An Eauni onnnotinitv Affivrnnfivn Arfl^n 1:mnlovnr NUTRIENT UTILIZATION PLAN ------------------------ Owners name --:DM Section 1 site 4 County:Sampson Mail Address-.P. Sox 7a9' nose hill, NC Type of production unit ---- sFeeder-Finish Number of animal units----~-� 7920-3 Type of waste facility ----- %Anaerobic Lagoon Temporary storage period---: 180 days, Method of application ------ :Irrigation Amount of animal effluent produced--------------- 15048 tons/year Amount of plant available N produced by animals-: 18216 lbs./year Commercial N to apply on planned acreage--------: 0 lbs./year tour animal nutrient utilization plan has been specifically leveloped for your swine operation. The plan;i,s based on the ;oil types, crops to'be grown, and method of application for ,our particular operation. The effluent must be land applied at a specified rate to prevent pollution of.,;surface and/or ground rater. The plant nutrients in the animal waste should be used to -educe the amount of commercial fertilizer required.for.the crops here the waste is to be applied. This nutrient utilization plan ses nitrogen as the limiting nutrient. ,Waste should. be nalyzed before each application cycle and annual soil tests re encouraged so that all plant nutrients can be balanced for ealistic yields of the crop to be grown. everal factors are important in implementing your nutrient tilization plan in order to maximize the fertilizer value of ie waste and to ensure that it is applied in an zvironmentally safe manner. Always apply effluent based on the ?eds of the crop to be grown and the nutrient content of the iste. Do not apply more nitrogen than the crop can utilize. )11 types are important as they have different infiltration ites and leaching potential. Effluent shall not be applied to ind eroding at greater than 5 tons per acre per year. Do not )ply material on saturated soils or on land when the surface is ozen. Either of these conditions .say result in runoff to irface waters. Wind conditions should also be considered to ,oid drift and downwind odor problems. `To maximize the value nutrients for crop production and to reduce'the potential r pollution, the waste should be applied to a growing crop -or t more than 30 days prior to planting. Soil incorporation effluent will conserve nutrients and reduce odor problems. The acres needed to apply the animal waste is based on typical nutrient content'For this type of facility. Annual acreage requirements may be more or less based on the nutrient analysis report for your nutrient mnnsar►c,.nent facility. management l i 4 YOUR NUTRIENT UTILIZATION PLAN IS BASED ON THE FOLLOWING: Tract Field Soil Crop Yield Lbs. N Acres Lbs. N Month to No. No. Type Code /Acre /Chit Used Apply- asesdaQ 31s4 any Wa K N/A 100.00 33.0 3300 S-APRIL 31s4 5 Wa B 4.7 50.00 23.0 5405 MAR-OCT 3s4 4 Wa B 4.7 50.00 6.4 1504 MAR-OCT ')is4 3 Wa B 4.7 50.00 5.3 1245.5,MAR-OCT 31s4 2 Wa B 4.7 50.00 2.3 540.5 MAR-OCT sls4 1 Wa-Bo B 4.25 50.00 30.5 6481.3 MAR-OCT Available Nitrogen Crop codes: Crop -unit Total 100.5 18476 (includes commercial) 18216 Surplus Or Deficit -260 A-Barley-bu. B-Bermudagrass(graze)-tons C-Bermudagrass(hay)-tons D-Corn(grain)-bu. B-Corn(silage)-tons F-Cotton-lbs. lint G-Fescue(graze)-tons H-Fescue(hay)-tons i I-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 Z-Bermudagrass(pasture)-tons If more commercial fertilizer is used than shown in this plan, then additional acres of land may be needed. A three to fifteen feet wide permanent grass filter strip should be seeded along all ditches in fields that receive animal waste. Additional comments: -------------------- Title: Date: -� �". Concurred in by: i Date: Produce I understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal effluent described in this nutrient utilization plan. This equipment must available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff occurs. Technical Specialist: Date: Date: iv ��- State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality DM Farms Magnolia 4 Sow Farm 923 Meritt Road Magnolia NC 28453 Farm Number: 82-77 Dear DM Farms: Lq !WJj:i1 April 9, 1997 REXIVED - APR U V lV'J1! FAYETTENALLP REG. OF-FiCE You are hereby notified that Magnolia 4 Sow Farm, in accordance with G.S. 143-215. 1 OC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has thJrLxDJLd= to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who falls to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within thirty (30) days of receipt of this letter. Failure tosubmit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. Theat np. 'A Inn het' -A ;nLfr%2 VAjlimal attached ann'licatin has been partially completerl using inform t Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section : A I=--- Z Ir t--', A %II—Ilutts anu Lalr cc rig VIM ,Jul 11 Post Office Box 29535 Raleigh, NC 27626-0535 If you have any question concerning this letter, please call Mike Lewandowski a[ (919) 731-5083 extension 362 or Ed Buchan with the Fayetteville Regional Office at (910) 486-1541 5�, A. Preston How d, Jr., P.E. cc: A. It Pilo Ast/r% encl.) Fayetteville Regional Office (w/o encl.) P.O. Box 29535, Raleigh, North Carolina 27626-0535 -.Jelephone (919) 733-5083 FAX (919) 733-0719 An Equal OppQduWly Affirmative Action EW1Qy:aL.--, 50% rewcledt 10% cost -consumer paper Sfate of l**JorTn Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary DIVISION OF WATER QUAL December 5, 1996 Mr. Bruce Evans Murphy Farms 692 Bonham Road Magnolia, NC 28453 Subject: Notice of Violation Notice of Intent to Revoke Deemed Permit Magnolia 4 Swine Farm 82-77 Sampson County Dear Mr. Evans: Z-016 1'52-169 Receipt for Certified Mail NolnsurenmC ided- Mfiff4JAPS 2nd No. Sto BO NHAM ROAD Pf1AtVTdf,Kc11C 28453 Postage $ :3 Certified Fee 1.10 special Delivery Fee Restricted Delivery Fee Return Receipt Showing 1.10 to Whom & Date Delivered Ratten Receipt Showing to Whom, V Oats, and Addressee's Address TDTAt. Postage Postmark or Date F 12-6-96 You are hereby notified that, having been deemed permitted to have -a' ni ICE -qm 1 14 .0717 — have been found to be suh-je- t artimal waste di s I Kyrdem pur unrit to -r- a 15ANCAC21 in violation of your 2H .0217 Permit. In response to citizen complaint on November 25, 1996, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of your farm located off SR1944. The inspection revealed that animal waste had been applied on two separate fields in such a manner that a significant amount of waste material was allowed to runoff into a nearby creek. This creek is an Unnamed Tributary to Six Runs Creek and is considered waters of the State and is classified as Class "C-SW" waters. It was also noted that severe erosion problems (i.e. rills) existed in many areas of the spray fields which probably compounded the runoff problems. In addition, it was evident that waste had been applied on steeply sloped sections of the spray field which are also susceptible to drainage problems. To avoid discharge problems in the future, it may become necessary to perform some land grading work on the spray fields and adjust the recommended application rates. Please be reminded that by allowing a discharge to take place without the appropriate permit, you are in am Wacho%Aa Building, NSulfe 714, Fayetteville 0% FAX 91 D-486-0707 North Carolina 28301-5043 A An Equal Opportunity Affirmative Action Employ %q4FC Voice 910-486-1541 50% recycled/ 10% post -consumer paper Mr. Evans Page 2 12/6/96 violation of at least NC General Statute 143-215. 1 (a)(1) which states in part that: *No person shall do any of the following things or carry out any of the following activities until or unless such person shall have applied for and shall received from the Commission a permit therefor and shall complied with such conditions, if any, as are prescribed by such permit: (1) Make any outlets into the waters of the State;" The purpose of this letter is also to advise you, (1) To cease all unpermitted discharges of waste.. from your facility, (2) Take immediate action(s) to prevent discharges in the future, (3) That a report will be forwarded to the Division of Water Quality Compliance Group with recommendations for enforcement action, (4) That recommendations will be forwarded to the Director of the Division of Water Quality for the revocation of the "Deemed Permitted" status of your facility. It is also requested that you revise your approved certified animal waste management plan to address the issue of application rates on steeply sloped areas. Please submit the revised version of your plan to the address listed on the bottom of the previous page within 60 days of receipt of this letter. This will plan should also include what measures will be taken in order to insure no further discharges will occur. You are strongly urged to contact the Sampson County Natural Resources Conservation Service at (910) 592-7963 for any technical assistance you may need. Please be advised that failure to address this and future violations in a timely manner may subject you to further enforcement actions and the Division of Water Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per violation. It is recommended that you immediately contact this office should you need additional information or clarification regarding this manner. Please do not hesitate to contact Mr. Michael Wicker, P,E., Regional Water Quality Supervisor or Mr. Ed Buchan, Environmental Engineer, at (910) 486-1541 W 11101M Q"11 A& 11"V%, uxz�y I ;_ , I cc: Sue Home Wilson Spi Chris' Wall =Nucn: a Complete items I andfor 2 for additional services. I also wish to reI301VQ thO gCompleta Items 3,4a- and 4b. following services (for an aPdnt your name and address on the reverse of this form so that we can return this extra fee): card to vAttach rie'iem to the front of the mailpleco, or on the back If Veto does not 1. 0 Addressee's Address permit, aWritalRatum Receipt Requestacr on the mallpim below the, art1da number. 2. E3 Restricted Delivery oThe Return Receipt will show to whom the anide was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number Z 016 152 169 MR BRUCE EVANS 4b. Service Type MURPHY FARMS Registered C Certified 692 BONHAM ROi1-P 0 Express Mail 0 Insuraf MAGNOLIA NC 28453 0 Return Receipt for Merchandise 0 COD — Z— and fee Is paid) requested 5� PS Form 3811, 1994 itaculry Number: Division of Environmental Management Animal Feedlot Opemdons Site Visitation Record Datc:- Ggneral Informaden: Farm Name.- t=:D.1 9 4 OwnerName- —3�mmd , �CLAC' Phone No: On Site Representative*. Fvt+' P&fiX50#1 teg=V.- /OUI�ett' Mailing Address:-- C7- Physical Addresslocation: Latitude: Lopgitude: Q,perstl2n Dacriptinn! [hand on 4#4rft characterisdes) Q Nunwry 0 Feeder OtheL7)Et Number Of Lagoons: I 7ypr of Poulfty No. qfAnimals 0 Layer Number of Animals: in the. Drawings and Observations the fmboard of each lagoon) Facility IwRection: Lagoon Is Ugoon(s) freeboard less than I foot + 25 year 24 hour. storm storage?: Yes 0 No .Is seepage observed from the, lagoon?: Yes 0 No Is erosion observed?: Yes 0 W- J! A3 any discharge Observed? Yes Cl N6 13 0 Manqnade 0 Not Man-made Cover Crop Does the facility need more acreage for spmyiug?: Yes 0 NoZ Does the cover trrop need improvemeatt Yes 0 N�Z Un the crops which need blvrovemenl) F' Crop type:rII QA X e4l—ot - . f Seaack Criteria - Is a dwelling located wi" 200 feet of waste application? Yes U N �a -Is a well located within 100 feet of waste application? Yes U N#;- Is animal waste stockpiled within 100 fact of USES Blue Line Stream? Yes 0 K�z Is animal waste land applied or spray irrigated within 25 feet of Blue Line Suvanx? Yes U Np; AOI -- January 174M 3 MdAtenance Does the facility maintenance need improvement? Yes C1 No h there evidence of past disc from an of the operation? Yes C! P h�rge Y P� Pew Does record keeping need improvement? ' Yes Q Nog Did the facility fail to have a copy of the Animal Waste Management Plan on she? Yes 0 No Q Explain any Yes answers• Signature; ` Date•► cc Psaity Assew unt Unit, Use Attachmena VNee&d Dmamdugs or Observe off ; t.. ' ... • , + an}l trry*•••w r, r�at•.r •tti +r'•�.. lii' ��l rt�M, 1'►'iwlrl!w�—a���'! �,Y- Est trr+.+t w'�1..�. . r♦ •r r.•• • r r..s r• r +f r.`Y! •4 •ram«.'•A/MMw•..rirr# •s. . alr f!1..''•trM'•t'f M' •.4 +*+.�- .� t�i r:'E t �(:1 +tt^•�"�` a �..�r !'!twtrw� tM re . r State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director June 5, 1997 Mr. Kraig A. Westerbeek Magnolia 4 Sow Farm 923 Meritt Rd. Magnolia, NC 28453 Farm Number: 82-77 Dear Kraig A. Westerbeek: A W A 0 A 6' 44 rNIJ FR � ) IQQ7 Subject: Farm No. 82-77 Additional Information Request Magnolia 4 Sow Farm Animal Waste Operation Sampson County The Permits and Engineering Unit has completed a preliminary review of the subject application. Additional information is required before we can continue our review. Please address the following: 1) It has been observed that the subject application is for a 4400 farrow to wean, 1000 feeder to finish, and 400 wean to feeder operation which exceeds the design capacity of 4400 as per the animal waste management plan (AWMP) certification, In order to accomodate the capacity you desire, either a new AWMP certification form must be submitted or the existing form must be revised and re -submitted. 2) The AWMP you submitted did not address lagoon design specifications to accommodate the excess waste and nitrogen produced. Please supply this information. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter, must be submitted on or before July 5, 1997, or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H -0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 364. S S - vc�..f jnc Jo N.D. SfSS4!ientist II State Engineering Review Group cc: Fayetteville Regional Office, Water Quality Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535' Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer' 50% recycled/ 10% post -consumer paper James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Kraig Westerbeek Magnolia 4 Sow Farm P.O. Box 759 Rose Hill NC 28458 Dear Krai-Westeebeek: A A Ar'm A g4 A F C) FE December 4, 1997 R E E � Lr-)), f,, l- i". �'$ J 0 1991 FAYETTEVILLE, REG. 01r_"FfCF_ Subject: Farm No. 82-77 Additional Information Request Magnolia 4 Sow Farm Sampson County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. As a follow-up to an earlier letter faxed to You about this faCd'ttv nnA our telephone conversation. please submit a revised .'J — telephone i I certification for Magnolia Sow farm for the animal capacity of 400 wean to feeder, 1000 feeder to finish, and 4400 farrow to wean as requested in the permit application. Please reference the subject farm number when providing the requested information, All information should be si-ned and submitted in duplicate to my attention by January 4, 1998 at the address below. Please note that failure to provide this additional information on or before the above requested date can result in your application being returned as incomplete. If you have any questions regarding this request. please call me at (919) 733-5083, extension 363. Sincerely, �� J.R. Joshi Soil Scientist Non -Discharge Permitting Unit cc: Fayetteville Regional Office, Water Quality Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 500'0 recycled/ 10% post -consumer paper 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 December 17, 1997 J. Neal Tucker Engineering Manager Murphy Family Farms P.O. Box 759 Rose Hill, NC 28458 VAYE"�i EV'11112 REC. Q IF F1 0 E Subject: Farm No. 82-77 Additional Information Request Sampson County Dear J. Neal Tucker: The Non -Discharge Permitting Unit has completed a preliminary review of the subject application. I Additional information is required before we can continue our review. The lagoon design worksheeL that Was mentioned in your letter dated December 9, 1997 as evidence of the original design capacity is missing, I Please reference the subject farm number when providing the requested information. All information should be signed and submitted in duplicate by Janauary 17, 1998 to my attention at the address below, Please note that failure to provide this additional information on or before the above requested date can result in your application be -in-, returned as incomplete. If you have any questions regarding this request, please call me at (919) 733-5083, extension 363. Sincerely, J.R. Joshi Soil Scientist Non -Discharge Permitting Unit `t'iOc' CC. I aVeleVlleRegionalffilie,Vyater Ouality Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director March 10, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. James Sauls Jr. DM Farms Mag 4 Sow Farm P.O. Box 1076 Rose Hill, NC 28458 LOTIFTMUMMIR13 AIOWAN%� ova NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NArURAt, Re5ouRcEs V FAYErTEVILLE AFn_ nFFICE SUBJECT: Assessment of Civil Penalties for Violation(s) of 15A NCAC 2H.0217. Farm #: 82-77 Sampson County File No. IUD 97-016 This letter transmits notice of a civil penalty assessed against DM Farms in the amount of $5,474.30 including $674.30 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. 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: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment, and Natural Resources (do not include waiver farm). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Ms. Coleen Sullins Acting Water Quality Section Chief Division of Water Quality P.O. Box 29515 Raleigh, North Carolina 27626-0535 OR P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50 % recycled/1 0 % post -consumer paper 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 are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation 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. 1 (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: Ms. Coleen Sullins Acting Water Quality Section Chief/DWQ P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR 3. Submit a written request for an administrative 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 P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 M-1 MUSEEMEM Mr. Richard Whisnant Office of General Counsel NCDEHNR Post Office Box 27687 Raleigh, NC 27611 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. Shannon Langley at (919) 733- 5083, extension 581. Sincerely, A. Preston Howard, Jr., P.E. ATTACHMENTS cc: Fayetteville Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public information Officer w/attachments STATE OF NORTH CAROLINA ENVIRONMENTAL M[ANAGEI'vMN'T COMMISSION COUNTY OF IN TIRE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND PERMIT NO. STIPULATION OF FACTS having Having been assessed civil penalties totalling for C� violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, the undersigned, desiring to seek remission of the civil I 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. This the day of , 19_. SIGNATURE TELEPHONE I 'M COUNTY OF SAMPSON IN THE MATTER OF DM FARMS MAGNOLIA 4 FARM 1161FEWNIM-NOWN WYA File No. DD 97-016 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES M Acting pursuant to the authority delegated to me by the Secretary of the Department of Environment and Natural Resources, 1, A. Preston Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. DM Farms owns and operates a concentrated animal feeding operation in Sampson County known as the Magnolia 4 Sow Farm. B. DM Farms / The Magnolia 4 Sow Farm was deemed permitted as a nondischarge -facility on April 1, 1995, in accordance with 15A NCAC 2H.0217. C. On July 10, 1997, DWQ staff observed a discharge of wastewater from the aforementioned swine facility's spray fields to an unnamed tributary to Six -Runs Creek, which are Class C-SW waters of the State within the Cape Fear River Basin. D, DM Farms had no valid permit for the above described activity. E. The cost to the State of the enforcement procedures in this matter totaled $674.30. Based upon the above Findings of Fact, I make the following: U. CONCLUSIONS OF LAW: A. DM Farms 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 is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215. 1. C. The unnamed tributary to Six -Runs Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge is a violation of the nondischarge permit. E. DM Farms may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) 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. F. The State's enforcement costs in this matter may be assessed against DM Farms pursuant to G.S. 143-215.3(a) (9) and G.S. 143B-282. I (b)(8). G. The Director, 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. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, DM Farms is hereby assessed a civil penalty of: $ for discharging waste to the waters of the State in violation of 15A NCAC 2H.0217. TOTAL CIVIL PENALTY, which is OF percent of the maximum penalty authorized by G.S. 143-215.6A. $674.30 Enforcement costs " $ '1�7 1/ 7 V. TOTAL AMOUNT DUE 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. 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. -V 10 4 fa 00 ? # — (Date) A. Preston Howard, Jr., for Division of Water Quality 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 FAX COPY - ORIGINAL TO FOLLOW Kraig Westerbeek Magnolia 4 Sow Farm P.O. Box 759 Rose Hill NC 28458 Dear Kraig Westerbeek- 41 D E N R RE(0;�EVED FAYETTEVILLE REG. OFFICE Subiect: Farm No. 82-77 Additional Information Request Magnolia 4 Sow Farm Sampson County The Non -Discharge Permitting Unit has received a revised application to combine Farms 82-77 with Farms 82-717, 82-27, 82-29, and 82-33 with a combined waste utilization plan and irrigation system. As you know, following a discharge of waste to waters of the State, the DW(,) Fayettevillip Regional Office, via their letterof July 21-1997, had recommended to evaluate the slope portion of field # 2 (Mag 4 Sow Farm) and determine if the continued use of these areas is prudent in light of the history of discharges and steep grade of these sections. The revised waste utilization plan that you submitted with the combined permit application still has Field # 2 in the spray field with some reduced acreage. Please verify in writing that the problems with the slopy area of this field have been properly addressed to prevent any further discharges from this facility. Please reference.the subject farm number when providing the requested information. All information should lie signed and submittedinduplicate to my attention k i A'Mr;1 10 1 GGQ �f +1' -AA 17 n by April . �' A � � w "L %4 le u;Aul %100 below. Please note that failure to provide this additional information on or before the above requested date can result in your application being returned as incomplete. If you have any questions regarding this request, please call me at (919) 733-5083, extension 363. Sincerely, J.R. Jos Soil Scientist Non -Discharge Permitting Unit cc: Fayetteville Regional Office, Water Quality Permit File P.O. Box 29535, Ralaighi North C.arolina 27626-0535 Telephone 919-733-5083 FAX 919-733.0719. An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of Nbrth State of North Carolin Department of Environment ind Natural Resources Division of Water Quality James B. Hunt, jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director April 2, -1-998 Mr. Jarnes Sauls Jr. DM FLLMISMag 4 Sow Farm P 0 Box 1.076 Rose Hill, NC 28458 AINEW-11IF"'� AL MA*NMV,j APR 0 7 1998 FAYETTEVUE REC, OFFICE SUBJECT: Acknowledgment receipt letter DM Farms I- on1717 Fa 1—11 # 0 4 /1 Case No. DD 97-016 Sampson County Dear Mr. Sauls: This letter is to acknowledge receipt of check No. 1015 in the amount of $5,474.30 received from DM Farms of Rose Hill, LLC on April 1, 1998, This payment satisfies in full the civil penalty levied against DM Farms in the matter of case DD 97-016 and this case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please don't hesitate to call Shannon Langley at (919) 733-5083, extension 581. Slisf �N Fayetteville Regional Office Enforcement/Compliance Files Central Files Sincerely, Dennis R. Ramsey, Assistant Chief Non -Discharge Branch P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper --------- 1\10 D4 P.O. Box 309 Magnolia,28453 M*)2qg4aJK FAARIMIS, (910) 289-6439 March 30, 1998 Ms. Coleen Sullins Acting Water Quality Section Chief C 0 P "K Division of Water Quality n ^ M nn r . U . Dox r_11r_ 4z7;J%-)0 Raleigh, North Carolina 27626-0535 SUBJECT: Assessment of Civil Penalties. for. Violation (s) of 15A, NCAC 2H.0217 Farm #: 82-77 County: Sampson File No.: DD 97-016 APIR Dear Ms. Sullins: F:AYETT �E-' Pt F! E C- lig of March 10, 1998. 1 enclose a check in the amount of $5,474.30 as payment of the civil penalty assessed. This payment should not be construed as an admission of any of the findings in the assessment. D.M. Farms" is making this payment to avoid the expense of contesting this assessment, not because it agrees with the amount of the assessment or any of the findings. Sopcifically, D.M. Farms does not agree that its wastewater reached a tributary adjoining the sprayfield and does not agree with other findings describing its operations and the incident at issue. We would, however, like to put this incident behind us. As indicated to your staff, D.M. Farms has taken steps to assure that an incident of this nature will not arise in the future. Sincerely yours, V'a.�e- Wendell Murphy, Jr. DM Farms V't'A i t:R QUALITY 31 T State of North Carolina Department of Environment and Natural Resources RE(;t:1VtU Division of Water Quality James B. Hunt, Jr., Governor FAYETTEVILLE Wayne McDevitt, Secretary REG. OFFICE A. Preston Howard, Jr., P.E., Director r—_ Mr. David Hulbert, Financial Manager DM Farms of Rose Hill P.O. Box 1076 Rose Hill, NC 28459 Dear Mr. Hulbert: IM db 0 A&ANKAM IL Subject: Application No. NCO086614 Additional Information Request Animal Waste Management System Duplin County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by April 15,1999: The information submitted previously reizardinp, the separation of Mag 4 from the other 4 referenced farms is insufficient to determine the property boundaries of the Mag 4 site. Please submit detailed documentation showing the property boundaries of the Mag 4 facility and all land application sites. This documentation must identify the adjacent landowners all property boundaries. Tax maps are acceptable documentation. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. Please note that failure to provide this additional information on or before the above requested date can result in your application being returned as incomplete. If you have any questions regarding this request, please call me at (919) 733-5083, extension 502. Thank you for your cooperation. Cc: Fayetteville Regional Office, Water Quality Permit File NCO086614 P.O. Box 29535, Raleigh, North Carolina 27626.0535 An Equal Opportunity Affirmative Action Employer rely, lue Homewood Environmental Engineer Non -Discharge Permitting Unit MMUM44 FAYETTEVILLEZ REG. OFFiCE Telephone 919-733-5083 FAX 919-733-0719 60% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources RECEIVED Division of Water Quality AtNI 2 7 1999 James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director Mr. David Hulbert, Financial Manager DM Farms of Rose Hill P.O. Box 1076 Rose Hill, NC 28458 Dear Mr. Hulbert: FAYETTEVILLE REG. OFFICE April 22, 1999 a 0 A&MAM Am A MAy 0 4 1999 11BY:__ Subject: Application No. NCO086614 Additional Information Request Waste Management S'wstem Duplin County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application, Additional information is required before we can continue out review, Please address the following by May 7,1999; The information rec eived by the Division of Water Quality (DWO) on April 20, 1999 is .. insufficient to determine if there are adjoining farms under common ownership with the Mag IV farm. Please provide locations (and additional tax maps if necessary) for the Dell Farm, and DM Section I Site 4. Please also provide complete deeds for Mag IV, Melville I and 11, Dell Farm, and DM Section I Site 4 in order to document ownership of each of these farms. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below, Please note that failure to provide this additional information on or before the above requested date can result in your application being returned as incomplete. If you have any questions regarding this request, please call me at (919) 733-5083, extension 502. Thank you for your cooperation. Cc: Fayetteville Regional Office, Water Quality Permit File NCO086614 Environmental Engineer Non -Discharge Permitting Unit JUN 2.1 1999 FAYETTEVILLE REG. OFFICE P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycledi 10-1/10 post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary KerrT. Stevens, Director Mr. David Hulbert, Financial Manager r I.. Farms of Rose Hill P XAa .0. Box 1076 Rose Hill, NC 28458 Dear Mr. Hulbert: A I 14 Y 2 6 1999 �i��EVILLE REG. OFFICE M, 1999 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Application No. NCO086614 Additionai information - 'equest Animal Waste Management System Duplin County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Per order of United States District Judge, Judge James C. Fox entered May 3, 1999 a NPDES application for the combined Mag IV, Melville I and 11, Dell Farm, DM Section I Site 4 Farm was required to be submitted to the Division of Water Quality by May 18, 1999. To date this application has not been received. Please submit this documentation immediately as required by the above referenced order. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. Please note that failure to provide this additional information on or before the above requested date can result in your application being returned as incomplete. If you have any questions regarding this request, please call me at (919) 733-5083, extension 502. Thank you for your cooperation. Cc: (:faycttcvfte-Regional- Office, water ,Qualit - Peiiiift—FiIe NC008661-4—�' 1� y Paul Wolfeich, US Department of Justice Adam Sowatzka, US EPA — Region 4 Judge James C. Fox RO. Box 7 295^05, Raleigh, Nort.", rarrilinsa 76 35 A a 1011118 T 525-05 � An Equal Opportunity Affirmative Action Employer Si rely, Sue Homewood Environmental Engineer Non -Discharge Permitting Unit RIZIRM, Fri ETT'C_:vi LLE REG. OFFiCE Telephone 919-733-5083 FAX 919-733-0719 50% recycled/ 10% post -consumer paper ,isio'n of Sa "Islon of SO; ision of W" JaRoutine OComplaint 0 Follow-ue of DWQ inspection 0Follow-up ofDSWC review 00ther E Facility Number Date of Inspection Time of Inspection 24 hr. (hh:m Permitted 3 # Certified (3 Conditionally Certified [3 Registered 113 Not 05erationat-77-71 Date Last Operated: .......................... IWAA A_/I /_11 + . ........... .... .......... .......................... __ .......................... Phone No: .......... Owner Name:........ .. f�r),A < Facility Contact:....... ar. wc.c'. 4v................. I Title: ...4-aJ ... Myi ............. Phone No: .... ...__ .......... _....... Mailing Address: ....... ............................. JOnsite Representative-, / ....... ........ ............................... Integrator: ................... ............................................................. Certified Operator:.... ................... 791:c ....................... ................ Operator Certification Number:...............,.,.,.........,..........,. Location of Farm: .................................... I ........................................... ...... _ ....... ...... ................... . ..... ........................ ............... ....... ...... . ................................ ............... I......... ........... . . ......... .................. ... ....... ___ ..................... ................. . ....... Latitude = 0 =, = -, Longitude = * =1 11 0 D' sign I V CurrentCurrent Design' Current n hitiow, ultr Populatiin: ttl ��:;,Caj�icity� CaRiveity,T66 afi6 Y101V00,6 0 F Wean to Feeder *17 1 lH I nve.r I I Q T).,iiry I I I 'an V,A 4r 141, IT Feeder to fidfi Non -Layer 1❑ Non -Dairy Finish Wean Low to D Farrow to Feeder it 1—Farrow to Finish T6 4a esigm.ta!"p%; 0 Gilts, 6 2 ir". 10 Boars j acity �7j li ❑ Subsurface Drains Presen:t ❑Lagoon Area ❑ Spray Feld unib'eir,bf,tagoons— ra U� :T No Liquid Waste Management System ©Other Discharges & Stream Impac 1. Is any discharge observed from any part of the operation? Discharge originatedat: []Lagoon C]Spray Field []Other 0 a. If discharge is observed, was the conveyance man-made'? b: If discharge is observed, did it reach Water of the State? (If yes, notify DWQ.) c. If discharge is observed, what is (lie estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? [I Spillway ■Yes ANo ■ Yes No I ta� ISUU(Aurc 1 Structure 2 U1 Ott Ucture 'i 'a' U 11 C. t u ro 0 U U"U t Identifier; -lee-, I-q A�IA 42' Yle 2, 20IN Freeboard(inches) ...... ........ d ................... ... .21 .... .......... ..... ............... ....... /9.11 .............. . ............. ( ................. S. Are there immedi threat-, to the integlit', nir ativ of thp Qtrijohirpe nhcPrv,-ei9 6P/ trPPQ cpvf-rp i-rrwinn xT_ —.7 Lj es U 1-4 U 3/23/99 seepage, etc.) Continued on back [Facility Number: Zz — z2_J Date of luspection 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan! Xyes -Oro (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement'? 0 Yes FVNO 8. Does any part of the waste management system other than waste structures require maintenance/improvement? Yes No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? 0 Yes KNO Waste Application 10Are there any buffers that need maintenance/improvement? 0 Yes ONo 11. Is there evidence of over application? 0 Exc sive Ponding AN AYes C3 No 1 1 A 12. Crop type n I Pr L& 0(0, z A I I IAI-fl I 13. Do the receiving crops differ w/6h those desiVated in decrtified Anim/. Waste Management Plan (CAWMP)? El Yes No 14: a) Does the facility lack adequate acreage for land application? Yes KA No b) Does the facility need a wettable acre determination? ❑ Yes 4NO c) This facility is pended for a wettable acre determination? ❑ Yes qNo 15, Does the receiving crop need improvement? Yes K No 16. Is thefe.a lack of adequate waste application equipment? 0 Yes KNO Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? Yes P(No 18, Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (icl WUP, checklists, design, maps, etc.) n Yes �No 19. Does record keeping need improvement? (ic/ irrigation, freeboard, waste analysis & soil sample reports) Yes q& 0 20. ls, facility not in compliance with any annfir-nhif—gethnak- criteria in effert at the time of de6an7 M Y" N" 21. Did the facility fail to have a actively certified operator in charge? 0 Yes gNo 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ic/ discharge, freeboard problems, over application) 0 Yes XNo 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? Yes R No 24. Does facility require a follow-up visit by same agency? 0 Yes kNo 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? El Yes 39NO iof;i tQqs op clrnplp.5,"re)aOtgo. d(Wift this. vjsjt* - Yoji u It r ........... CO* ire'S*D6iiden*&a*b4 Uk Ahis' Asft.'.' . ............. . , .1 Com, ments (tefcr,to' Explain '6" "Mia I nswe'r1s, and/6"r. my� , 4 Useidrawin' of faciiiiv,t6bett�r,,expla,it'i���ittiationi.�i(ii.�eiidditi0fial�' gs pages as necessary} C0,44 be- C(t.,_- -6 A;fj,e.ce, D.11 /",414. akse, AJ '23 2.o y I d ,5�-e OoS4 'e"I 4_J� bell Qrm4 kot na C loseal ol,� j, r T. ,175 ;ZY 7 �m 3, IV T� "k)VU!11 Reviewer/Inspector Name F," A" Y Reviewer/Inspector Signature: k4w, Date: 141 q 5�_ 3/23/99 Facility Number: — ;7 Date of Inspection Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below Yes ❑ No liquid level of lagoon or storage pond with no agitation? Pk 27. Are there any dead animals not disposed of'properly within 24 hours? 0 Yes No 2& Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, El Yes No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? [:1 Yes JKNu 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.) [] Yes No 3L Do the animals feed storage bins fail to have appropriate cover? ❑ Yes No 32. Do the flush tanks lack a submerged rill pipe or it permanent/temporary cover? No Additional Comments ark or ravings4', X� -JO 3/23199 ,State of North Carolina tDeDartment of EnvironmPntELA*;`E1VE and Natural Resources Division of Water Quality aN I 1 1999 Janes 14 FAYETTEVIL�E — Hunt, jr., Governor REG. OFFICE Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director ............ January 6, 1999 To: Water Quality Supervisor Fayetteville Regional Office From: Sue Homewood Non -Discharge Permitting Unit Subject: Application for NPDES permit for Animal Waste Operation Permit Number NCO086614 Mag 4 Sow Farm Sampson .'court- J C' C CA r, I Attached is a copy of the NPDES application package for the subject facility. This facility is requesting a 'N"ADDES; permit for an animal waste treatment system-4 Please provide your comments as soon as practical. If you have any questions, please feel free to contact me at 919-733-5083 ext 502. Cc: Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper THFIE SANFORD HOLSHOUSER LAW FIRMI F.LC SENATOR TERRY SANTORD (1917-2998) GOVERNOR JMES E. HOLSHOUSER, JR. I RUN: I I ON 0 ONE EXCHANGE PLAZA 219 FAYETTEVILLE STPXM surm 1000 RALEIGH, NORTH CAROLINA 27601 Kim H. Colson, P.E., Supervisor Non -Discharge Permitting Unit Division of Water Quality PO Box 29535 Raleigh, NC 27626-0535 TELEPHONE 919/755-18M FACSIMILE 919/829-0272 December 31, 1998 VIA HAND DELIVERY RE: DM Farms of Rose Hill, L,L& Dear Mr. Colson: WAC rM -Tn ^PEKE sum 470 901 ISE STREET NW WASHINCMN, D.C. MW TELEPHONE 20213714M FAC51MILE202/371-6279 RECEIVED WAIIER QUWV SEMON A# 0 4 WS19 Ij paimitting 0j-rVWM1VW - - This letter is written on behalf of DM Farms of Rose Hill, L.L.C. ("DM Farms"). On T)erpmher 15, 1998, DM Farms was ordered to apply for an NPDES DES permit by January 4, 1999. As you know, NCDENR has not required (or accepted) NPDES permit applications for animal farms which have experienced a discharge, but instead, has regulated these entities under the non -discharge program. Enclosed is the completed NPDES permit application which you provided to David Hulbert of DM Farms on December 17, 1998. We trust the application is in order, but if you have questions or need any further information, please do not hesitate to contact me. Very truly yours, THE SANFORD H �'LSHOUER LAW FIRM 0), ;A<X 3"UV I-, W rie B. Gengo � Enclosures cc: Honorable James C. Fox (w/enc.) Carolyn Pravlik (w/enc.) Joseph Gilbert (w/enc.) Charles Meeker (w/enc.) Richard Schwartz (w/enc.) Marsh Smith (w/enc.) Rudolf Renfer (w/enc.) Daniel Oakley (w/cnc.) Adam Kushner (w/enc.) 'Lois Schiffer (w/enc.) Adam Sowatzka (w/enc.) 57169.1 • FRTH CAROLM DEPARn4MT of O and NATiTAL RESOURCES ENVIRONMENTAL MANAGEMENT CORISS N NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE RECEIVED SHORT FORM B WATERQUAUTYSE`CRON AGRICULTURE �t•� To be completed by confined aninud production facilities, fish faults, hetdtarin, and pnatervttt, a��� meeting pelt or ether criteria doearibod herein. Name print or type. 1. KI L ©ENtcRAL Norm and addron of aWlcons A. name of applicent DM Farms of Rose Hill, NC L.L.C. 8. Needing address of applicant f11 &treat, routs, or P.Q. box No. PO Box 1076 12) City or toom m`i' Hi 11 ` M) County. parish, of borough Iht UO NGtf-i wmrp ftfttlliufv W State North Caroli.nL ;8i zip sots. 9AASA C. Telephone number 91282=21 1 Are; coda Number Applicant'* authorised agent A. Name David Hulbert a. Title Financial Manager C. Mailing address of agent PO Box 1076 (1) Street, route, or P.O. box No. (2) City or town Rose Hill tat' County. parish, or borough 12221in !;t State north Carolina tti? Zip Code 28458 D. TN .phone number 910 289-2111 .,._._,�.4..,.,,�, �..� Area code Number t certify that I am familisr with the information contalned in the application and that to the best of my knowledge and beiiaf ouch in• fonnetion h true, complete, and sercurarte. David Hulbert Printed name of person signing Tide December 29, 1998 Signature of applicant Date 400kation sV*d - tforth Carolina General Statute 143-215.,S b . false statement representation, or Certification Inanyapplication�rrecordo report, makes any f 'er document files or required to be maintained under Article 21 or regulations of then' or %...ironmental Management Commission implementing that Article, Or who falsifies, tampers with..0 ;:nowly renders inaccurate any recording or monitoring device or method required to be operated o ',aistained under Article 21 or regulations of the Environmental Management Commission implementi that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,00D. or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment ray a fine of not more than $10sOOD or imprisonment not more than 5 years, or both, for a simila- FOR ffiLiicAi TiIOi 4 nN AGENCY DATE RECEIVED DUSE YR. MO. 0 i. oveme. ownefso P. and physiod I of facility A. Name of factility Mag 4 sow Farm B. 0-w"ipp, {cheek extol Public (1)1 " -(2)UPrIvate [31 � - 11310 Both public and private Dwit box If this is a federally owned and/or operesscl facility (for examoir, Bieck Creak National Fish Hatch") 13 D. Location WwnOaw to *Wkeble) (1) Facility $Maud VftM grid system is used a. Township Taylor's Bridge p Range C. Section d. Quarter it. County f. Sato (2) Facility located whers, grid system Is not used a. City or towri (a "icablt) b. County SaMMM C. Sign North- Car Qjjj3a-- FOR AGE04CY CITY jcOU s. IS baity fdvack am) A.)M E-isting? 6-13 ProPmw 0. t4ta faciltry ene (cw will, be; asinsusSeW JEebruaZe 1995 Mamthrifear G. Receiving WS($) (e.g., vVisom, fivet, sake) None W NOT*$) T. Iiis" vmw poNvo" control patinlis A. Mom -,*L �1191+ to,.. SisTa mor potio0on c9nind permit for this facility? (I)m yes t (2) M No 9.* If Starts vow pollution con" permit for this facility has been issued, give data of kwo and pemrAt number III Date of Issue Month/Day/Year (21 Permit "umber L Move you received, from any level of government. written "citics, of complaint pertaining to water pollution from this facility? A."Yea 5. U No 9. give director* to this facility from noonsit town Frnm Rn-go Hi I I, TAlrgk gri-e-mig Ste-%v.,m ar%a,4 West to Concord Church Road. Turn left on =2ord ChUrgb ftacic =-i,-wijl ninn-gs a small bridge and then turn right on Hall P20Q Bpad, When you rpar-h Waycross, turn left at electrical sub -station. You will be on Oprinity Church Road. Proceed for_V roximately two miles, tuo rigbt on Mar�it �p RM6 The Farm entrance will- be on the left. Sign, on post at entrance of lane to farm. 2 M • FOR APPLICATION AGENCY == I DATE RECEIVED USE YR. MO. DAY 10. Attach a sketch, aerial photograph, or imp of the existing or proposed facility and/or activity, with the following InforroOdOn marked is Sail Conservation Service aerial photograph, or a U.S. G sological Survey Map, at the area Involved is preferred), A. Approximate W*Woii dimensions of the facility I SEE attached map 8. Direction and location of surface drainage and other discharges from the facility C. General location of waterways (e.g.. streaf mi. rivers, takes) in the area D. Location at area for manure disposal E. Direction and location of diversion points for irrigation activities It. ANIMAL CONFI114EMENT AND FEEDING FACILITIES 1. Largest number of snirnols held by confinement or feeding facilities at any one time In ft previous 12 months. Give type and number of anitrwht. TYPE OF ANIMAL NUMBER OF ANIMALS, Sows, farrow —wean 4,400 wean — Felder PAgdor — FiniAh 11000 2. Approximate arse used for animal 6nfinemant or feeding. - 3 asses 3. Approximate land s"itahle for manure disposal. 150 sexes 1 4. A. Animals in this facility are Icheck one) (I)o In ooen confine rent WE] Housed under roof (3) 0 Both In open confinement and housed under roof 6. Percentage of lot under roof Is 100 94 C, If there it men confinement. has a run-off i and control syttem been 'constracted. (1) 0 yes (2) 0 No D. If there am any housed animals at this facility, is there A liquid manure handling system used for manure management? 01 [3 Yes (2) 0 No 11 yes, is them a discharge to a waterway (e.g., strewn. river, lake)? (3) 0yes (4bo No VU -1 V FOR AGENCY USE YM. PAW. WAT Do you anticipom expension, of this facility in the future? A. C] Yes S. (3 No H yes, complete the following statements. Month/Year O. TYPE OF ANIMALS NUMBER OF ANIMALS • 1 lro. v �� +► �:-^ :, r Dili• `% , . sr yi NIL q. + � t * lr'" 4 � t / .',. f s �. • � BSBC `• `•}... 1` .�ii ✓f`"` `tt woo F•, ' q .O� 7a st�sUUjQv4 4 � lilt - �--ii � *'• 'l� 1% ti V7YE • f sr. .. of qk ✓ t a ++.it 4 r♦}', Misty /f) r,#b,i y�Ay10fli oll • �+ ,ter � 4 37 !9 ' •L4 J:' y test ( _:' �.--�' fir, a +. � } 1 _ ♦ d' � ;' /+"/ _ "''� tua' ,..:; � r ti • �� �.... ` '%� mil• v ...� ,l • , r�� _. I on Om qrntf (' ,nrtinn Roosevelt Childress Dennis Ramsey, North Carolina Division of Water duality Subject: Public Notice NPDES Permit No. NCO086614 Mag 4, etc. . RECEWQ D, 2 1539 ;Wl'i777, T P I rL-4 Please find attached a copy of the public notice for a public meeting on the subject permit. We are going directly to public meeting since we have already received 5 request for a meeting on the proposed permit. `if you have any questions or if there is a need for any clarification-, please contact me at 919/733-5083 ext. 528 or fax 919/715-6048 or E-Mail at dennis—ramsey@h2o.enr.state.nc.us Thank you for your assistance. NOTICE OF PUBLIC MEETING TO BE HELD BY SUBJECT: A public meeting has been scheduled concerning the proposed issuance of State NPDES Permit No. NC0086614 to DM Farms and Murphy Family Farms for swine facilities located at Mag 4 Sow, Melville I & 2, Dell and Section 1 Site 4. These existing facilities are located in Taylors Bridge Township, North Carolina in Sampson County and in the Cape Fear River Basin. PURPOSE: DM Farms and Murphy Family Farms have applied for a NPDES permit for the facilities described above. On the basis of preliminary staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina, and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a State - NPDES permit subject to specific limitations and special conditions. The Director of the Division of Water Quality pursuant to NCGS 143-215. I(c) (3) and Regulation 15A NCAC 2H .0100 has determined that it is in the public interest that a meeting be held. to receive all pertinent public comment on whether to issue, modify, or deny the permit HEARING PURPOSE: The meeting will be conducted in the following manner: 1. Explanation of the NC Environmental Management Commission's Permit Procedure by the Division of Water Quality. 2. Explanation of the action for which the permit is required by the Division of Water Quality. 3. Public Comment - Comments, statements, data and CAII. %.I LA 1%11 information regarding the draft permit may be submitted in writing prior to or during the meeting or may be presented orally at the meeting. Persons desiring to speak will indicate this intent at the time of registration at the meeting. So that all persons desiring to speak may do so, lengthy statements may be limited at the discretion of the meeting officer. Oral presentations which exceed three minutes must be accompanied by three (3) written copies which will be filed with the meeting clerk at the time of registration. 4. Cross examination of persons presenting testimony will not be allowed; however, the hearing officer may ask questions for clarification. 5. The hearing record will be closed at the conclusion of the meeting. November 18, 1999, 7: 00 PM WHERE: INFORMATION: I - - Sampson County Agri -Exposition Center 414 Warsaw Road Clinton, North Carolina A copy of the draft NPDES permit and a sketch showing the location of the facility is available by writing or calling: Ms. Thelma Williams Non -Discharged Branch NC Division of Water Quality - 1617 Mail Service Center Raleigh, North Carolina* 27699-1617 11UNIN lj-�M - -.1-- -_ The application and other in'11114LU011 IS 011 11W aL L11V; WIVIsion of Water Quality, 512 North Salisbury Street, Room 925, Archdale Building, Raleigh, North Carolina and at the Division's Fayetteville Regional Office. They may be inspected during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments and requests regarding this matter should make reference to. application number NC0086614. Division of Water Quality RECEVED TO BE HELD BY FAYE-17F:1tf THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMIRR." 1ZT JQ JPrT - A nijhlir meeting has been scheduled concerning the proposed issuance . - r-.- __L -1 ---s - 0 of State NPDES Permit No. NCO086614 to DM Farms and Murphy Family Farms for swine facilities located at Mag 4 Sow, Melville I & 2, Dell and Section 1 Site 4. These existing facilities are located in Taylors Bridge Township, North Carolina in Sampson County and in the Cape Fear River Basin. PURPOSE: DM Farms and Murphy Family Farms have applied for a NPDES permit for the facilities described above. On the basis of preliminary staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina, and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a State - NPDES permit subject to specific limitations and special conditions. The Director of the Division of Water Quality pursuant to NCGS 143-215. I(c) (3) and Regulation 15A NCAC 2H .0100 has determined that it is in the public interest that a meeting be held to receive all pertinent public comment on whether to issue, modify, or deny the permit. HEARING PURPOSE: The meeting will be conducted in the following manner: 1. Explanation of the NC Environmental Management Commission's Permit Procedure by the Division of Water Quality. 2. Explanation of the action for which the permit is required by the Division of Water Quality. 3. Public Comment - Comments, statements, data and other information regarding the draft permit may be submitted in writing prior to or during the meeting or may be presented orally at the meeting. Persons desiring to speak will indicate this intent at the time of registration at the meeting. So tha all persons desiring LU speak may do so, lengthy statements may be limited at the discretion of the meeting officer. Oral presentations which exceed three minutes must be accompanied by three (3) written copies which will be filed with the meeting, clerk at the time of registration. 4. Cross examination of persons presenting testimony will not be allowed; however, the hearing officer may ask questions for clarification. 5. The hearing record will be closed.at the conclusion of the meeting. WHEN: November 18,1999,7:00 PM WHERE: INFORMATION: Sampson County Agri -Exposition Center 414 Warsaw Road Clinton, North Carolina A copy of the draft NPDES permit and a sketch showing the location of the facility is available by writing or calling: Ms. Thelma Williams Non -Discharged Branch NC Division of Water Quality - 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The application and other information is on file at the Division of Water Quality, 512 North Salisbury Street, Room 925, Archdale Building, Raleigh, North Carolina and at the Division's Fayetteville Regional Office. They may be inspected during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments and requests regarding this matter should make reference to application number NCO086614. e:V Date 11?7 - TIt: * .1 'r All-+-- n1:4 WIVisLon OL VV aMl %,�UaIILy RON James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Charlie T. McCullen Clerk of Court Main Street Cths Suite 114 Clinton, NC 28328 Dear Mr. McCullen: Prior to issuance of an NPDES Permit, the Environmental Management Commission is required to give notice of the proposed action by posting a copy of the public notice at the courthouse in the county where the facility that would be covered by the proposed permit is located. Please post the attached public notice for a period of thirty days in those places usually set aside for this purpose. We greatly appreciate your assistance in this matter. If you need any additional information 1. aktion or cl ari fi cation, plea-qe do not hesitate to contact Ms. Thelma Williams of our staff at (919) 733-5083 (ext 556). Sincerely yours, Dennis R. Ramsey, Assistant Chief Non -Discharge Branch Unit F.-IMMIT51TIV P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary - Kerr T. Stevens, Director The Sampson Independent ATTENTION: Legal Ad Department P.O. Box 110 Clinton, NC 28329 Dear Sirs: Prior to the issuance of a NPDES Permit, the Environmental Management Commission is required to give notice of the proposed action by publishing a public notice in a newspaper having general circulation in the county where the facility to be covered by the Draft Permit is located. Please publish the attached Public Notice in your paper one time on November 13, 1999. Within ten days following publication, please send three copies of your invoice and two copies of the affidavits of publicationm to the following address: WATER QUALITY BUDGET OFFICE 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 The affidavits and invoices must be sent together to assure prompt payment. We greatly appreciate your assistance in this matter. If you need any additional information or clarification, please do not hesitate to contact Ms. Thelma Williams of our staff at (919) 733-5083 (ext 556). : S el I incer , Dennis R. Ramsey, Assist t Chief Non -Discharge Branch P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-50133 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resourdes Division of Water Quality James B. Hunt, Jr., Governor KerrT. Stevens, Director mD 'Bill Holman, Secretary N CA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE:souRcms (Date) Mr. David Hulbert DM Fanns P. 0. Box 1076 Rose Hill, NC 28458 Subject: NCO086614 Mag 4 Sow, Melville 1 & 2, Dell and Section 1 Site 4 Swine Waste Management System IDS90% Sampson County Dear Mr. Hulbert: In accordance with your application received on June 7, 1999, we are forwarding this Permit issued to DM Farms and Murphy Family Farms, authorizing the operation of the subject animal waste and process wastewater collection, treatment, storage and land application system. 1M's permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated May 9, 1994. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste and process wastewater from the following facilities: Mag 4 Sow, Melville I & 2, Dell and Section 1 Site 4, located in Sampson County, with a total. animal capacity of no greater than 4,400 sows, farrow to wean; 400 wean to feeder; and 27,280 feeder to finish and the application to land as specified in the Certified Animal Waste Management Plan (CA)VMP). These facilities are located in a drainage area tributary to Six Runs Creek in the Cape Fear River Basin. The permit shall be effective from the date of issuance until (Date). Pursuant to this Permit, you are authorized and required to operate the system in conformity with the conditions and limita-tiOnS as specified in this Permit; the facility's CAWMP; and the Clean Water Act, and its implementing regulations, with no discharge of wastes to waters of the United States. An adequate system for collecting and maintaining the required monitoring data and operational information must be established was+ _A—.o� ,, gr",.qp�r tban for this facility. Any increase Ul Le prVOU"I -A certifited design capacity or increase in number of stocked animals above the number authorized by this Permit will require a modification to the CA"AIMP and this Permit and must 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 Permit or the CA)XW may result in the revocation of this Permit, or penalties in accordance with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Telephone 919!-73 )3-5083 An Equal opportunity Affirmative Action Employer 50% recYcled/10% post -consumer paper sh., %a lwjjiw�� If the penn'ittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Renewal applications must be filed at least 180 days prior to the expiration of the permit. This Permit is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. This letter is considered part of the attached permit and must remain attached to the permit. If any parts, requirements, or limitations contained in this Permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in form of a written petition, conforming to Chapter 15013 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447; Unless such a request is made within 30 days, this Permit shall be final and binding. The subject facility is located in the Fayetteville Regional Office. The Regional Office Water Quality Staff may be reached at (910) 486-1541. If you need additional information concerning this Permit, please contact Sue Homewood at (919) 733-5083 ext. 502. 10 A mlm� Kerr T. Stevens cc: Murphy Family Farms Sampson County Health Department Sampson County Soil and Water Conservation District Fayetteville Regional Office, Water Quality Section Non -Discharge Compliance Unit Permit File NDPU EPA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SWTNF. WASTE MANAGEMENT SYSTEM PERMIT This permit shall be effective from the date of issuance until (Date). The permittee shall comply with the following specified conditions and limitations: 1. PERFORALkNCE STANDARDS DRAFT 1. The animal waste collection and process wastewater, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non - discharge system to prevent &-e discharge of pollutants to waters of the United States or ditches. Application of waste at agronomic rates to terraces and grassed waterways is wiA- rKTD acceptable in accordance - -'Ln INaturtu 11-Cbources Conserva-tion Servicc k1-4R-C$) Standards. Facilities which are designed, constructed and operated to contain all process generated waste waters plus the runoff from a 25-year, 24-hour rainfall event for the location of the facility and which are in compliance with their CAWMP; the Clean Water Act, and its implementing regulations; and this permit, which unintentionally discharge an overflow of process waste pollutants- as a result of a storm event greater than the 25-year, 24-hour storm, Aill not be considered to be in violation of this permit. 2. No discharge shall result in a violation of the water quality standards established for the receiving waters as per 15A NCAC 2B .0200. 3. The CAWMP is hereby incorporated by reference into this permit. New or expanding facilities are required to be certified prior to the stocking of animals. The CAWMP must be consistent with all applicable statutes, rules and standards in effect at the time of siting, design and certification of the facility. The permittee must assess, on an ongoing basis, the effectiveness of the implementation of the CAWMP. The Permittee must amend the CAWMP to address any changes needed to improve the management of the animal waste at the site. Any amendment to the CAVAIP must be documented, dated, and included as part of the CAWMP. The - CAWMP must be provided to the permit issuance authority or EPA, upon the request of either. Any violation of the CAWMP shall be considered a violation of this permit and subject to enforcement actions. A violation of this Permit may result in the Permittee having to take immediate or long term corrective action(s) as required by the Division of Water Quality (Division), or the Environmental Protection Agency (EPA). These actions may include modifying the CAWMP; ceasing land application of waste; removing animals from the Lrm- or the permit beirip, modified, revoked and reissued, or terminated. 4. The facility may not be expanded above the capacity in this permit until a new peftnit reflecting the expansion has been issued. All activities authorized herein shall be consistent with the terms and conditions of this permit. 5. A copy of this Permit, certification forms, lessee and landowner agreements, and the CAWMP shall be readily available at the farm (stored at places such as the farm IM residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good condition and records shall be maintained in an orderly fashion. 1. The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated. 2. A vegetative cover shall be maintained on all land application fields and buffers in accordance with the CAWMP. No waste may be applied upon fields not included in the CAWMP. 3. Lime must be applied, as needed, to maintain soil pH in die optimum range for crop production. 4. Land application rates shall be in accordance with the CAWMP and the Clean Water Act regulations. T and its impla..�+,"" A 4k&"j6A%#AA Alnn^ case shall 'and application rates exceed the -Plant Available Nitrogen :- rate for the receiving crop or result in runoff during any given application. 5. Application of animal waste onto land which is used to grow crops for direct human consumption (e.g., strawberries, 'Melons, lettuce, cabbage, apples, etc.) shall not occur following the planting of the crop or at any time during the growing season, or in the case of fruit bearing trees, following breaking dormancy. Application of animal wastes shall not occur within 30 days of the harvesting of fiber and food crops for direct human consumption that undergo further processing. 6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated into the soil within two (2) days after application on the land. This requirement does not .apply to no -till fields, pasture, or fields where crops are actively growing. 7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, storage and application system. Washdown of stock trailers, owned by and used to transport animals to and from this farm only, will be permissible as long as the system can - accommodate the additional volume. Only those detergents and disinfectants that are labeled by the manufacturer as readily biodegradable may be utilized. 8. Disposal of dead animals shall be done in � accordance with the North Carolina Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's regulations. 9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the animal waste lagoons and storage ponds to prevent any unnecessary addition to the liquid volume in the structures. 10. A protective vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside toe of embankment to maximum purnping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept mowed. 19 11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance with a CAVrMP and the Clean Water Act and its implementing regulations. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to lagoon dikes and liners. T shall be kept free of foreian debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste, 13. The facility must have one of the following items at all times (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, (c-) 'a contract with a third party applicator capable of providing adequate waste application, or (d) a contract for the purchase of the equipment. Equipment shall be capable of meeting permit condition II (4). M on MONITORE'4C AND REPORTING RE!QUIREMENTS DRAR 1. An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted at a frequency to insure proper operation but at least monthly and after storm events. For example, lagoons, storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Any major structural repairs (to lagoons or waste storage ponds) must have written documentation from a technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, -no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or decreased), etc.). 1 If not already installed at this facility, a waste -level gauge to monitor waste levels shall be installed within 60 days of issuance of this permit. This gauge shall have readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volmme, minimum liquid level at the bottom of the temporary liquid storage volume, top of the dam elevations. Where storage ponds are utilized, only a gauge indicating the maximum liquid level at the top of the temporary liquid storage volume and top of dam elevations need be installed. Caution must be taken not to damage the integrity of the liner when installing the gauge. Waste lagoon and storage pond levels shall be recorded weekly on forms supplied or approved by the Division. For level gauges already installed, the gauge shall have at a minimum: readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume and minimum liquid level at the bottom of the temporary liquid storage volume. 3. A representative Standard Soil Fertility Analysis, including pH, copper, and zinc, shall be conducted annually on each application field receiving animal waste. TTje results of these tests shalll be maintained on file by the Penn ittee for a minimum of three. years and shall be made available to the Division or EPA upon request. 4. 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 Zinc Phosphorous Copper 5. If, for any reason, there is a discharge to waters of the United States, the pennittee is required to make notification in accordance with Condition 111. 7. The discharge notification shall include the following information: 3 a. Description of the discharge: A description- and cause of the discharge, including a description of the flow path to the receiving water body. Also, an estimation of the volume discharged. b. Time of the discharge: The period of discharge, including exact dates and times, and, if not corrected, the anticipated time the discharge is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the discharge. c. Cause of the discharge: If caused by a precipitation event(s), information from the onsite rain gauge concerning the size ol'the precipitation event. ' d. Analysis of the waste: A copy of the last waste analysis conducted as required by Condition Ill. 4. above. 6. In the event of any overflow or other discharge from the animal waste and process wastewater collection, treatment, storage and application systems, the following actions must be taken: a. Analysis of the discharge: All samples must be sampled and analyzed. Samples must be, at a minimum, be 'analyzed for the following parameters: fecal coliforin bacteria; five-day biochemical oxygen demand (BOD5); tow suspended solids (TSS); total phosphorus as phosphorus; dissolved 44* phosphorus as phosphorus; ammonia -nitrogen as nitrogen; TKN as nitrogen; nitrate; pH; and temperature. b. Sampling procedures: Samples shall consist of grab samples collected from the over -flow' or discharge. A minimum of one sample shall be collected from the initial discharge (within 30 minutes). The sample shall be collected and analyzed inb accordance with EPA approved methods for water analysis listed in 40 CFR 136. Samples collected for the purpose of monitoring shall be representative of the monitored discharge. Monitoring results must be submitted to Division within 30 days. c. Reasons for not sampling: If conditions are not safe for sampling, the permittee must provide documentatition as why samples could not be Coll—* sam-l&e A 4 collected. For example, the PeMu-Uee may be unableto 11CA't n nyles,�urinft r" dangerous weather conditions (such as local flooding, high winds, hurricane, tornadoes, electrical storms, etc.). However, once dangerous conditions have passed, the permittee shall collect a sample from the retention structure (pond or lagoon). 7. All records, including but not limited to freeboard levels, irrigation and land application event(s) and removal, of solids to an off -site location(s) records, shall be maintained by the Permittee in chronological and legible form for a'minimurn of three years. These records shall be maintained_ on forms provided or approved by the Division and shall be readily available for inspection. The permittee shall also furnish to the Division or EPA upon request, copies of records required to be kept by this permit. S. Regional Notification: The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: a. Failure of any component of the animal waste collection, treatment, storage and land application system resulting in a discharge to waters of the United States. 4 b. Any failure of the animal waste and process wastewater treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal waste, process wastewater andlor sludge. c. A Spill or discharge from a vehicle transporting animal waste, process wastewater or sludge to the land application field which results in, a discharge to waters of the United States or an event that poses a serious threat to waters of the United States. d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment. e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V (3) of this Permit. f. Overapplying animal waste or process wastewater either in excess of the limits set out in the CAVvW or where runoff enters waters of the United States. g. Any discharge that bypasses a lagoon/storage pond resulting in a discharge to waters of the United States or that poses a serious threat to the environment. For any emergency which requires immediate reporting after normal business hours, please contact the Division of Emergency Management at 1-800-858-0368. shall also file- a lind n ro-newt fn fb " n vNv;,.;nn Ri-crinnnl Office AtP— e nn 4ntp r T of the occurrence within 5 calendar days following first knowledge of the occurrence. This report 'shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the Division Regional Office. 9. A rain gauge must be kept on site and properly maintained. A log of all measurable rainfall events must be kept by the facility operator/owner. 10. An annual certification report shall be filed with the Division by March I of each year for the previous year's activities on forms provided by the Division certifying the facility was in compliance with the terms of this permit and the CAWMP. If the facility was not in compliance, the annual certification must be used to summarize all the violations during the previous year and explain the current compliance status of the facility. IV, INSPECTIONS AND ENTRY DRAFT The permittee shall allow the Department or EPA, or an authorized representative of the Departmant or EPA, upon the presentation of credentials and other documents as may be required by law, to: a) Enter the pennittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b) Have access to and copy, at reasonable times, any records that must be kept . under the conditions of this permit; c) Inspect, at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, and d) Sample or monitor, at reasonable times, for the purpose of assuring permit compliance or as otherwise authorized by the Act, any sub -stances or parameters at any location. R V. GENERAL CONDITIONS DRAH I The issuance this permit shall not relieve the Permittee of the responsibility for compliance with all applicable surface water and groundwater quality standards or for damages to surface waters or ground waters resulting from the animal operation. 2. The Permittee shall designate a certified animal waste management system operator to be in charge (01C) of the animal waste management system. The animal waste.management system shall be operated by the OIC or a person under the OIC's supervision. 3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the 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 additional I foot of structural freeboard. [TAKE OUT NEXT SENTENCE IF NOT APPLICABLE] In addition to the above requirements, for new and expanding farms - tb A"q;n I gns com- -ted after September 1, 1996, storage must also be vv JL JL GO - - provided for the heavy rainfall factor for lagoons without an outside drainage area. [TAKE OUT THIS PARAGRAPH IF NOT APPLICABLE] In the case of lagoons/storage ponds in series that are gravity fed, the 25-year, 24-hour storm event and/or the heavy rainfall factor storage requirements for the system may be designed into the lowest lagoon/storage pond in the system. However, adequate freeboard must be designed into each of the upper lagoons/storage ponds to allow sufficient storage to prevent the waste level from raising into the structural freeboard while the storm water is draining into the lowest lagoon in the system. 4. The Division may require any monitoring (including but not limited to groundwater, surface water, animal waste, *sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of such waste upon the waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission requirements. 5. Any containment basin, such as a lagoon or storage pond, used for animal waste management shall continue to be subject to the conditions and requirements of this permit after closure of the animal feeding operation or non-use or abandonment of said containment basis. Closure of a containment basin, in accordance with the 'Natural Resource Conservation Service (MRCS) No Iffil Carolina "11-11, e ri m Standard for 'Closlj= Of Abandoned Waste Facilities," January 1997 or any subsequent amended, will cause said containment basin to no longer be subject to the requirements of this permit or the Clean Water Act., The permittee must submit a letter to the Division to request inactivation of "KTOMPQ np A 'A permit Coverage by providing, documentation describing the vrocedures taken to close any containment basin. Closure shall also include notifying the Division and submittal of the Animal Waste Storage Pond and Lagoon Closure Rep6rt Form to Water Quality Section, Non -Discharge Branch within 15 days of completion of closure. 6. This permit allows for the distribution of manure up to 4 cubic yards per visit to individuals for personal use. 7. The issuance this permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, or ordinances (local, state, and federal), nor does issuance of this permit convey any property rights in either real or personal property. P., 8. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of this Permit. 9. Failure of the Permittee to maintain, in full force and effect, lessee and landoyner agreements which are required in the CAW`MP, shall constitute grounds for revocation of this Permit. 10. This permit is not transferable. In the event there is a desire for the facilities to change numprch;n nr t'mprp ;c q nnnii- rhnnap- of the Pp-rmittpf- n fhrmA -mi-mr;t ronlipet mild 1,0 submitted to the Division, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 11. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. The Permittee shall notify the Division immediately of any applicable information not provided in the permit application. 12. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Renewal applications must be filed at least 180 days prior to the expiration of the permit. 13. The Groundwater Compliance Boundary for the disposal system constructed after December 31, 1983, is established at either (1) 250 feet from the waste structures and .from the waste disposal area, or (2).50 feet within the property boundary, whichever is closest to the waste structures and the waste disposal area. If this facility was constructed prior to December 31, 1983, the Compliance Boundary is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to the requirements of ISA NCAC 2L and the Division in addition to the penalty provisions applicable under the North Carolina General Statutes. 14. The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws_ rules_ and repulationq contained in Title 40- Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. V1. PENALTMS AFT 1 Failure to abide by the conditions and limitations contained in this permit; the facility's CAWNT; or the Clean Water Act, and its implementing regulations, may subject the Perraittee to an enforcement action by the Division or EPA in accordance with North Carolina General Statutes including the modification of the animal waste management system, civil penalties, criminal penalties and injunctive relief. The Clean Water Act and 40 CFR Part 122.41 provide that any person who violates a permit condition is subject to civil penalties, administrative penalties, and for falsifying, knowingly violates a permit condition, or for negligence criminal penalties including imprisonment. 2. The perminee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. VA 3. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order t r"nintain compEnTirp W;tb t" LLI %JAW�A to 414-1 condition of this permit. VIL DISTA DA-R-D-PERMIT CONDITIONS N RM= A. General Conditions 1. Introduction: In accordance with the provisions of 40 CFR Part 122.41, et. seq., this permit incorporates by reference ALL conditions and requirements applicable tol-NIPD1.1.3 Permits set forth in the Clean Water Act, as amended, (hereinafter known as the "Act") as well as ALL applicable regulations. 2. Duty. to Comply: The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation, and reissuance; and/or for denial of a permit renewal application. 3. Toxic pollutants: The permittee shall comply with effluent standards and prohibitions established under section 307(a) of the Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 4. Permit actions: This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not s+4"--- ---, pe— di - - tion. .Y "".Y ALL"&-co" 5. Property rights: The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State/Tribal or local laws or regulations. 6. Duty to provide information: The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissiiiiig, or -tien—luirlating this permit, or tv- determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit. /-I A r;%A1 T NoUtricy in this pe shad be construed o an .� -rmit h I cons ed t relieve the permittee from civil or criminal penalties for noncompliance. Any false or materially misleading representation or concealment of information required to be reported by the provisions of the permit, the Act, or applicable regulations, which avoids or effectively defeats the regulatory purpose of the Permit may subject the Permittee to criminal enforcement pursuant to 18 U.S.C. Section 1001. 8. State/Tribal Laws: Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State/Tribal law or regulation under authority preserved by Section 510 of the Act. 9. Severability: The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. P. B. Proper Operation and Maintenance I Need to halt or reduce activity not a defense: It shall not be a defense for a permittee in an enforcement action to plead that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 2. Duty to mitigate: The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this* permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Proper operation and maintenance: The permittee shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance witu'l the conditions of the permit. C. Monitoring and Records 1. Representative sampling: Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. 2. Retention of records: The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurements report, or application. This period may be extended by request ofthe11)"irector at any time. 3. Record content: Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. I A :- -.-- —..-# t.- -- . A — a. IVIO-114 0 %..VnG1uCLc %4 cL%,- Ai 1.5 L I LLIS III 6LZL Vr. volming to +—f -e-dures -approved under 40 CFR Part 136, unless other test procedures have been specified in this permit or approved by the Regional Administrator. b. The permittee shall calibrate and perform maintenance procedures on allmonitoring and analytical instruments at intervals frequent enough to insure accuracy of measurements and shall maintain appropriate records of such activities. c. An adequate analytical quality control program, including the analyses of sufficient standards, spikes, and duplicate samples to insure the accuracy of all required analytical results shall be maintained by the permittee or designated commercial laboratory. D. Reporting Requirements 1. Anticipated Noncompliance: The permittee shall give advance notice to the Division of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. - 9 2. Other information: Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the [Permitting Authority], it shall promptly submit such facts or information to the permitting authority. E. Signatory requiremcnts All applications., reports, or information submitted to the Division shall be signed and certified as follows: 1. All permit applications shall be signed as follows: a. For a corporation: By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: i. A president, secretary, treasurer, or vice-president of the corporation incharge of a principal business function, or any other person who performs similar policy or decision -making functions for the corporation; or, T — manager of — o. nior_ manufacturing, — duction or opera It i.. LAI"" ". wL vale W o P-0-------, . ating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. b. For a partnership or sole proprietorship: By a general partner for a partnership 'or the proprietor, respectfully. C. By the co-permittee. 2- All reports required by the permit and other information requested by Lne Division or EPA shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: a) The authorization is made in writing by a person described above; b) The authorization . specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or any individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or an individual occupying a named position; and, c) The written authorization is submitted to the Division. A 1� LiKukrT F. Certification Any person signing a document under this section shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." G. Availability of Reports Any information submitted pursuant to this permit may be claimed as confidential by the submitter. If no claim is made at the time of submission, information may be made available to 4. -4— We pu-blic without r1-UU-Lh%_.rLnVU%..%.. 10 25-year, 24-hour rainfall event means the maximum 24-hour precipitation event with a probable recurrence of In 25 years, as Ap --A weather Se —ice probable %AIWIrJAA$�%A VJ LAI%o A woof .. . . Se —ice I * in Technical Paper Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or equivalent regional or state rainfall probability information developed therefrom. Animal feeding operation means a lot or facility (other than an aquatic animal production facility) where the following conditions are met- (i) animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and (ii) crops, vegetation, forage growth, or post -harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single animal feeding operation if they adjoin each other, or if they use a common area or system for the disposal of wastes. Ground water means any subsurface waters. wfft& Vft a T Land application means the application of wastewater and waste solids onto or UKA incorporation into the soil. Process wastewater means any process -generate& wastewater and any precipitation (rain or snow) which comes into contact with any manure, litter or bedding,- or any other raw material or intermediate or final material or product used in or resulting from the production of animal or poultry or direct products (e.g. milk, eggs). Process -generated wastewater means any water directly or indirectly used in the operation of a feedlot for any of the following: spillage or overflow from animal or poultry watering xn9� nlPa 5 .-USIiina P-ne, b—ams, manure pits, or other feedlot facilities, direct contact swimming, washing or spray cooling of animals, and dust control. The Act means Federal Water Pollution Control Act as amended, also known as the Clean Water Act as amended, found at 33 USC 1251 et seq. Toxic pollutants means any pollutant listed as toxic under Section 307(a)(1) of the Act Waters of the United States means: (1) all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; (2) all interstate waters, including interstate wetlands; (3) all other waters such as intrastate lakes, rivers, and streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, kp 1 a A , a I a k es or r na to mir —al p on n. d s the lice r I e or destruction of which would affect or could affect interstate or foreign commerce including any such waters: which are or could be used by interstate or foreign travelers for recreational or other purposes; from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or, which are or could be used for industrial purposes by industries in interstate commerce; (4) all impoundments of waters otherwise defined as waters of the U.S.; (5) tributaries of waters identified in (1) through (4) of this definition; (6) the territorial sea; and (7) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in items (1) through (6) of this definition. 11 This Permit issued the day of _, 1999. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION D Eft A IM f Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number NCO086614 3 12 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director J&T?WA NCDENR NORTH CAROLINA DEPARTMENT OF ENviRONMENT ANo NATURAL RESOURCES December 30,1999 RECEVVEq 1 DM FFarms%J't�,�N 1 .1,2000 Magnolia 4 Sow Farm, Melvilee I & 11, DELL, DM Section I Site 4 FAYErTEVILLE 4750 Waycross Rd MEG. OFFICE Magnolia NC 28453 4ZiihiF- t: FPrfi1;,7Pr Ann1;rnt;r%n Animal Waste Management System Facility Number 82-77 Sampson County Dear DM Farms: This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR I, M2, DRY I, DRY2, DRY3, SLUR I, SLUR2, SLD I, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. S; ere :inc I � Kerr T. Stevens, Director Division of Water Quality cc: Fayetteville Regional Office Sampson County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal opportunity AMrmative Action Employer 50% recycled/10% post -consumer paper R NORTH CAROLINA 01CPARTMENT OF ENVIRONMENT AND NATURAL RzBOURCES FXycTTRVILLz RzaltoNAL OFFICE Division of Water Quality February 2, 2000 MMORAND TO: Paul Wolftich Department of Justice 7712t-11,1169. T^fflutnr TIP^--xm Environmental Engineer I InMEMM., Please find attached the photographs in which you were requesting. Thank you for you corporation regarding this matter. If you have any ftuther questions please contact me. JB -R,.060 -904 880 US Postal Service Attachment us rn CV) iL Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) ST4tl Wo1ftich—Env Enf Sec Street & Number De pt of Justice —Box 7611 Post Mice, State, & ZIP code Washington DC 2004 ---- Postage $ Certified Fee 1.40 Special Delivery Fee Residded Delivery Fee Return Receipt Showing to Whom A Date Delivered Return Remo SlowN 10 WhOM, Date, & Addressee's Address1Addressee's TOTAL Postage & Fees $ Postmark or Date 2/1/00 &as ORKE46+11iff 7r S'41-TI117-14, FAY6TTXVILL9, NORTH CAROLINA ROSCI-5048 PHONM010-490-1541 FAX 210-90-07011- AN RQUAL OPPORTUNITY I APPI RMAT(v9 ACTION RMPLOYast - 80% Rxcmdb/l 0% Poiirtr-coNaUM tit PAPax UBdV,d U3V4 no NOD,Llsoj %Ot/QajoAz)3U %02- UgAO'IdAB NOII*V ;IAIIVWM laid V/Al I NnjtjOjdO lYnt)a Ny L01.0-994-016XV-4 ilirst-991P.0t63molid 0'09' 1 OEOV VN 11OUVO H1111ON 'I'll I A3113AYj It, I L z.Lin S 11a31119 Nee W 5 92!Z SENDER: I also wish to receive 66 follow- ie Complete Items I and/or 2 for additional sorview ing services (for an extra fee): Complete Items 3, 4a, and 4b. C 0 Print your name and address an the reverse of this form no that we can return this card to you. 1. 0 Addressee's Address 0 Attach this form to the front of the maitpiece, or on the back If space does not 2. 0 Restricted Delivery permit, 13 write 'Return Receipt Requestedlon the mallpleco Wow the article number. C 13 The Return Receipt will show to whom the article was delivered and the date 0 delivered, I3. Article Addressed to: 4a, Article Number P 060 904 880 Paul Wolf Lich 4b. Service Type 0 Registered XM Certif led Env Enf See V Dept of Justice 0 Express Mail 0 Insured Box 7611 0 Return Receipt for Merchandise [3 COD a 7. Date of Delivery 4X Washington DC 20044 -7 5. Received By' tint Narrie) 6.- Addresreds Address (Only If requested and PO too Is paid) :s 6. Signature (AddreVsee or Agent) Z PS Form 38 11 r,embwr 1994 1I223 Domestic R 301d.40 -1VNIO193H 31-IIIIA3.11-11.31AW-4 salounicis3li -iYmn.LYN ONY IN3WNOHIAN3 JO 1N3W12{Vd3(3 VNI-IOUVO HjLHObj W U` 'NT, J R. OViRkoR W J HOLMAN ; e NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANt:) NATURAL RESouRces DIVISION OF WATER QUALITY Fat DIVISION OF WATER QU.4 Ic May 5, 2000 DM Farms Attn.: Terry Tate 4750 Waycross Road Magnolia, NC 28453 SUBJECT: NOTICE OF VIOLATION Permit No. AWS 820077 Magnolia 4 Sow Farm Facility No. 82 - 77 Sampson County 5 /.,`4C5 690 986 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not us.- for inter ati-onal klail(-See reveMell IVOFarms - Terry Tate Street & Number 4750 Waycross Road Post Office, State, & ZIP Code Magnolia NC 28453 Postage $ .33 Certified Fee 1.25 Special Delivery Fee Restricted Delivery Fee Retum Receipt Showing to Whom & Date Delivered Reun Receipt dhow" to Whom, 1.40 Date, & Addressee's Address 0 TOTAL Postage & Fees $ 2.98 C0 - Postmark or Date 0 U. cn 515/00 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 Pen -nit. On October 19, 1999, staff from the Fayetteville Regional Office of the Division of Water Oualitv inspected the Magnolia 4 swine facility in Sampson County. Wastewater was observed being sprayed directly into a wooded area which clearly is not a portion of the waste application field. This was the result of improper operation of the irrigation equipment. General Permit condition 11. 1 states 0—t 'IT nnfl etnrnop facilities, nnri land an VII"V "The collection, treatment, application equipment and fields shall be maintained at all times and properly operated.". Wastewater was also excessively ponded in portions of the spray field, and observed leaving the field at one location, General Permit condition 11.4 states that "Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application.". The Division of Water Quality requests that the following items be addressed: 1. Provide a detailed explanation as to why the runoff from the application field occurred, ON= 225 GREEN STREET, SUITE 714 / SYSTXL EILD. FAYETTEVILLE, NORTH CAROLINA 28301.5043 PHONE 910.486-1541 FAX910-406-0707 AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RgCYCLED/10% POST -CONSUMER PAPER Page 2 Magnolia Sow Farm May 5, 2000 2. Perform a more detailed and thorough inspection of the irrigation system along with spray field conditions on regular basis, before and during an irrigation event, to prevent pending and runoff of wastewater. 3. Please explain why wastewater continued to be sprayed once the gun cart had retracted back to the irrigation reel. 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 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. 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 any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or myself at (910) 486-1541. S_ el e'y Pau E. awls Regional Water Quality Supervisor cc: Sonya Avant - Compliance-GrouD— Wilson Spencer - Samps Trent Allen - DSWC Fay� %; SENDER: Central File.q - RnInigh 1 :2 6 COMPION items I and/or 2 for additinn I nnr it 7 -0" Items 3, 4a, and 4b, Garth Boyd _Murphy F, name and address on the reverse of this form 54 lKit we can return this 1 ■PComplete Mt I I 1, 1.81 ' card to A�Ui > ■Attach O(M104ba front of themallp4ece, or on the back it space does not rite 'Return Receipt Requasled" on the mallplece below the article number. a The Return RacelPt will show to whom the article was delivered and the date delivered, 0 3. Article Addressed to: 4a. Article Nu V IJOL DM FARMS _Z 425 6 4b. Service Ti E I also wish to receive the following services (for an extra fee): I - 0 Addressee's Address 2. 0 Restricted Delivery Consult Postmaster for fee. 0 ALLn Terry late 0 4750 Waycross Road EJ Registered 0 Express Mail LU Magnolia NC 28453 0 Return Receipt for Merchandise Cl 7. gate Of Delj)�eq 5. Received By: (Print Name] 8. Addressees Ac I and fee is paid) � 6. Signal : (Add r,#.?;ee or Agent) .......... ... 0 x 12 iPS Form VlY, December 1994 1WE Mestic -n Receipt t October 12, 2000 Mr, Paul Rawls NCDENR Fayetteville Regional Office Division of Water Quality R 0, Box 1076 Rose Hill, NC 28458 OCI 1 The intent of this communication is to provide you with a detailed account of the events of October 7, at facility no. 82-77, as well as our response to the problem and our actions to prevent this type of situation in the future. This letter should satisfy the Section III + re'uirement of"LliU c general' Peru iL. %I On September 21, 2000 we installed an additional recycle pump at Magnolia 4. This work was done so the recycle flush system will only operate during time periods when farm staff is present. This will facilitate an environment in which any problem with the recycle system will be identified very quickly. After installing the additional recycle pump, we realized that our recycle plumbing system needed to be cleaned. This cleaning took place on September 22. After this cleaning, we decided to replace the valves on the recycle plumbing as a safeguard. The job took place on Friday, October 6. The contractor completed the work late on Friday evening, October 6 and restarted the recycle pump. The tank over flowed due to the contractor's improper setting of the new valves. As the farm staff arrived on Saturday morning, October 7, they discovered that a flush tank had over flowed. At the point that they discovered the problem, the tank was not over flowing, but appeared that it had been. The staff immediately turned off the valves and proceeded to get a tractor to contain any waste. A small earthen dam was constructed to stop any flow, This was successfully completed within a matter of minutes. The farm staff then called supervisory staff, It took several attempts to contact the appropriate personnel. A.J. Linton, DM Farms Land and Nutrient Management Specialist, arrived at the farm around noon. He made an assessment of the situation and called the after hours number per our action plan. As you are aware, he then met you at the farm sometime between 3:30 and 4:00 for your visit to the farm. At the time of your conversation with A.J., it was his understanding that you would fax a letter to us to which a4rnA ke'A LY igt ii yY., rVo %Aw, require responu ILaVnnoreceived arty comun cation on October 11, .1 called your office in order to get further direction. I am writing this letter* based on our discussion. Since the incident, 1Have consulted with an engineer in an effort to create an additional safety mechanism in the recycle system. There are two additional steps that we will take in order to prevent this type of problem. First, we will require that one of our staff be present when work is performed on any recycle system to insure that calibration of the flow is done correctly and potential problems don't exist- Additionally, we will rp rnfit each flush tank so that the over flow capacity is in excess of the maximum pump capacity even with improper valve settings. This will prevent this type of problem in the future. If vnit have further m-i sinns, please Lel free to contact A.J. ;-V—ilVL - Regards, I erry i ate Assistant Production Director A.J. Linton Office 910-289-7364 Pager 910-296-5086 Mobile 910-284-2607 Home 919-734-1026 Terry Tate Office 910-289-7298 Pager 910-296-5965 Mobile 910-990-6124 Home 910-533-3510 -4ROM' D M FARM*ROSE*HILL ■ 0 us ■ wash Em FROM: i FAX OPERATOR DIVI Farms of Rose Hill, LLC P 0 BOX 1076 ROSE HILL, NC 28458 9 10-289-6439 ext. 4540 800-311-9458 ext. 4540 FAX 910-289-6434 Div. Of Water Quality Fayetteville Regional Office Attn: John Hasty Terry Tate FEB. 4.2000 9:54AM P I PHONE NO. : 9W 289 6434 120M Dallace Grady 910-289-6439 ext 4541 or 1.800-311-9458 ext 4641 DATE 04-Feb-00 T�"r A k1l IkAftr�ft ^r- �j I P%L 1-4ulviorn vr PPAGES*h INCLUDING COVER. 2 NbTE-- CALL MALLACE GRADY, 910-289-e439 EXT 4541 IF YOU HAVE A PROBLEM R�CEIVING ALL THE PAGES, COMMENTS: I FEB. 4.2000 9:54PM P 2 PHONE NO. : 910 289 6434 TO: North Carolina Department of Environment and Natural Resources Division of Water Quality Fayetteville Regional Office ATTN: John Hasty DATE: February 4, 2000 FROM: Terry Tate r'%IKA Varme In response to the request of your ,office on February 2, 2000 for an action plan to lower and maintain the lagoon levels at Melville 1, Dell, and Section I Site 4 farms, as of 8 _hni giry 'A, ?t)nA _nth Melville 1 and the Dell farmare beyond nineteen inches. Section 1 site 4 was at seventeen inches at this time. Land application will continue a conditions permit. Transfers within the system will be executed if necessary to maintain freeboards greater than nineteen. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES FA 160 988 558 US Postal Service Receipt for Certified Mail March 17, 2000 j No insurance Coverage Provided. Do not use for Internatonal Mail (Seo re Servitace Evans CERTIFIED MAIL stre,"316nbffaycross Rd RETURN RECEIPT REQUESTED Pojff,'c?,8'T1hz'R0do 28453 Mr, Bruce Evans Postage $ D. M, Farms Certified Fee 1.25 4750 Waycross Road Magnolia, NC 28453 Spdal Delivery Fee Restricted Delivery Fee SUBJECT: NOTICE OF DEFICIENCY Return Receipt Showing to Magnolia $ Farm Vftm & Date Delivered Facility No. 82 - 77 Rom Px*i S" to Who, Date, & AOM96 Mdrm 1.4 Permit No. AW5820077 a TOTAL Postage & Foes Sampson County Is 2-9 W Postmark or Date Dear Mr. Evans: U. 3/17/00 U. (n 0. On February 2,2000, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition 111,6.e, that the freeboard level of the lagoon was less than the minimum required by the General Permit, The liquid level of the lagoon was reported as 17 inches, General Permit condition V.3 states that 'The maximum wasts, level in lagoonstalorage ponds shall not exceed that specified In the CAWMP. At a minimum, maximum waste level for lagoonstatorage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus as additional I foot of structural freeboard,", The Division of Water Quality will take no further action for this reported incident at this time, However, you are asked to please notify this office in writing within 15 days of receipt of this letter as to what date the lagoon was lowered to the required freeboard level. This information is essential in determining I the lagoon was lowered within the specified time frame in which the Plan z A _!_ /M^A% 1 1 -.-- dose - 1- 01 Acwn krum) adlutted. it will also dow this event out within your file, if you have any questions concerning this matter, please do not hesitate to contact myself at (910) 486-1541. & Robert F. Heath Environmental Specialist cc: Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Wilson Spencer -Sampson County NRCS Dr. Garth Boyd - Murphy Farms 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 SP PHONE I FA... .. ... ... .... AN EQUAL OPPoRTUN I TY 7 AFFi RMATI VE ACTION EMPLOYER - 50% R9CYCLEO11 0% POST -CONSUMER PAPER :1 SENDER: I also wish to receivo the • ComRleta Items 1 andlot 2 for additional services. Cumpale ftarnS 33, 4a, and 4b. following services (for' a Print your name and address on the reverse of this form so that we can return this extra tee): card to you. Attach this form to the front of the malolece, or on the back It space does not 1, 1771 Addressee's Address It, Return ReceiptR.que-sted'.n the mailpiece below the article number. 2. Cl Restricted Delivery a The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: 4t,A- A � m, is Z 160 988 558 Bruce .Evans 4b. Service Type 1771 Registered X3 Certified X Magnolia NC 284 53 0 Express Mail 0 insured 0 Return Receipt for Merchandise 0 COD 7. Date of Delivery a 3--2o-oo 2 i 0 5, Received By: (Print Name) B. Addressee's Address (Only if requested and fee is paid) 6. Signet (AddroVee orAgent) X Z PS FV 3A 1, December 1994 102595-98-9.0229 Domestic Return Receipt WMIM Mr. Robert F. Heath NCDENR Environmental Specialist 225 Green St. Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Heath, 0 P.Q. Box 309 Magnolia, N.C. 2 W10-289-2111 0-289-2 raw r3V& Htz(;EjV APR 4 2000 FA��EVILLC- F?Ed. (Fayetteville Regional Office) I am writing in response to your letter concerning Facility No. 82-77 dated March 17, 2000. The Lagoon at D M Farms Section I site 4 was lowered to an acceptable level as of February 6, 2000. If you have any further questions regarding this issue please feel free to contact me at your convenience. I can be reached by pager at (910)-296-5965 or voice mail at (910)-289-6439 ext, 4423. Sincere erry e Asst. Production Director TT/dg Facility Number Date of tuspection 9-24-9-9--� 1 1 Time of Inspection E____� 24 hr. (hh:mm) 13 Permitted R Certified 13 Conditionally Certified [3 Registered 113 Not Oyvr=ational Date Last Operated: ................... ...... Farm Name- County: SAI.npsoj Owner Name: ................................................... DALFarmi ................................................ Phone No: 9.40:-2.89:72.111 ............ Facility Contact: ........................................ . ritic: .. Mailing Address: 4.7.50—WAycrusNA..................................................... Unite Representative:......... ........ ........................ ..................... — .................. Certified nnPr-itnr:QnnFnrt1 .4Z — r -* - ............ Location of Farm-. 4R ■� Phone No: .................................. MAgooliaM .......... ....................... ............... 21MM .............. Integrator: MurphyFaw0yFar= ................................... nnarnfar fortl rarks till" Nl1Mh"r:,71nKr. r-1 —.—. — , , ............... ...... . ........... —.— ........ ..................... Latitude 34 OF52 --1l F 10 -� 1, Longitude F-7-8-�* =- F-4-0711 'Design Current Swine Capacity Population 1LJ Farrow to Finish I I Design Current Design "Ctirrent•, Poultry Capacity Population Cattle Capacity Population 10 Layer Dairy ILI Non -Layer ❑ Non -Dairy Other I otal Design CapacityIr�3-4,08-0 Total SSLW 1 5.600.000 � 1, Mimher of TAPnnns El Subsurface Drains Present I[ElLagoon Area I[] Spray Field Area I , ] Holding Ponds / Solid! Traps No Liquid Waste Tanajement System Discliarees & Stream Impacts I . Is any discharge observed from any part of the operation? 0 Yes 0 No Discharge originated at: E:1 Lagoon [I Spray Field [] Other a. If discharge is observed, was the conveyance man-made? El Yes 0 No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) 0 Yes F-1 No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes No 2. Is there evidence of past discharge from any part of the operation? Yes No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? E] Yes E] No Waste Collection & Treatnient 4. Is storage capacity (freeboard plus storm storage) less than adequate? 0 Spillway N Yes El No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ......... Rd -AL ........ ......... W.11,12 ......... ..... PULIAM ..... ....... DUSAr,.4 ....... ........ MuA.Al ........ ........ MuAJ2 ........ Freeboard(inches): ..... _ ........ 14 ........ __ . ................ LZ ..... . ......... ..._ . ....... 2jQ___ ....... ......... 11-12Q.— I . ................ U ............... ............. 23 ..... .......... 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, 0 Yes El No seepage, etc.) 3/23/99 Continued on back Printed on 10120199 FPcJWSMN umber: 82-77 Date of Inspection F 9-24-99 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? 0 Yes 0 No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes F-1 No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? El Yes [J— No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? [3 Yes [] No Waste Application 10. Are there any buffers that need maintenance/improvement? El Yes [3 No 11. Is there evidence of over application? [] Excessive Ponding rl PAN 0 Yes [1 No 1 13 "I__ I'L . %_1UP Lypz 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? El Yes 0 No 14. a) Does the facility lack adequate acreage for land application? El Yes El No b) Does the facility need a wettable acre determination? 0 Yes D No c) This facility is pended for a wettable acre determination? 0 Yes El No 15. Does the receiving crop need improvement? 0 Yes El No 16. is there a lack of adequate waste application equipment? Cj" Yes El No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? El Yes El No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) [I Yes n No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 0 Yes El No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? [I Yes [I No 21. Did the facility fail to have a actively certified operator in charge? rl Yes [3 No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) [3 Yes [:1 No 23. Did Reviewer/inspector fail to discuss review/inspection with on -site representative? 0 Yes El No 24. Does facility require a follow-up visit by same agency? 0 Yes [I No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? 0 Yes 0 No 0, * ...... * ....... � ........ * ........................ 'N6�Vit)lati0iis'ordi�rit,iOn,cies,were,noted'd'ukijiO.thig,Visiti:Y6iiWill'rkeiveiibFurther correspondence about this .............. Comments (referitolquesti",w): kipfidiiiany47ES' an I s , wers, , a 69"1 01 1 f, Us'e'drawiui!� of facility t '"be'tierfixiila hn":sltiuitions; (ilse-additionit pages as' de Hurrincane Floyd: DM site 4 was pumping at time of visit. Wastewater had left the field and entered the farm path from a previous pumping event. The lagoon at Melvilee I appeared to be wet (saturated) in one area on the backside (possible seepage). The lagoon dike at Melvil 11 appeared to also have some seepage (Potential structural integrity compromised --Inserted By Center Office). The fresh water pond directly in front of this lagoon failed during the storm. This area is where the suspected seepage was identified. The Dell Farm was pumping at time of visit. No apparent problems were identified from a visual inspection. Lagoon dike at the #1 lagoon the Mag 4 farm did not appear to be compacted. The soil probe could be inserted completely in the dike (48"). This lagoon may have some seepage problems also. Farm was not pumping, but irrigation reel was being set-up to pump.(Water on dike U qTj�tj q,j, 'J x ff6r Reviewer/Inspector Name y, ijef` Erown. f Reviewer/inspector Signature: Date: Printed on 10/2019! *iv NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLm REGIONAL OFFICE March 17, 2000 C9811FIED MAIL REURN SECEIPJ REQUEKEQ Mr, Bruce Evans D. M. Farms 4750 Waycross Road Magnolia, NC 28453 SUBJECT: NOTICE OF DEFICIENCY Magnolia $ Farm Facility No. 82 - 77 Permit No. AWS820077 Sampson County Dear Mr. Evans: On February 2,2000, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of the lagoon was reported as.17 inches. General Permit condition V.3 states that *The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. Al 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 as additional I foot of structural freeboard.". 'rL_ -1 ^1* ...91 A_L_ -- S...AL.-- -__ I- &&.!- �_ _. _ I lit; UIMIU11 V1 VVdLUI NAUdIfty VVIII tams 11U 11JIM01 dkAlUfl 1U1 itird Mputim julujuent at LnI3 time, However, you are asked to please notify this office In writing within 15 days of receipt of this letter as to what date the lagoon was lowered to the required freeboard level. This information is essential in determining if the lagoon was towered within the specified time frame in which the Plan ^ A,4;-. 10 A% .11.44-4 It 111 �t— d-.- W. floralN.. k-,- - I-ns Vfr%%0.lV#1 %4 Or-11 O1tVtUJU. It VTllI O$0V%A%00W UIl0UVOIILWUL Witilill yVUI 1110. 11 7VU 11QVCF Oily 4UesIKJ concerning this matter, please do not hesitate to contact myself at (910) 486-1541. Robert F. Heath r-nuirmnmonfal 0,irloo-iolief cc: Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Wilson Spencer -Sampson County MRCS Dr. Garth Boyd - Murphy Farms 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 20301-5043 PmnNK91O-4a6_ISAI FAX Q1f-AAA.r17n7 AN EQUAL OPPORTUNITY 1AFFiRMATIve ACTION EMPLOYER - 50% RECYCLED/1 0% POST -CONSUMER PAPER State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director FOUT10=1 4 A 7 50 w e^ 1VT aycro- ss d " RI Magnolia NC 28453 A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL REsouRcEs May 17, 2000 Subject: Rating of Potential Risk Inactive Waste Lagoons and Storage Ponds Magnolia 4 Sow Farm, Melville I & H, DELL, DM Section I Site 4 Facility Number 82-77 Sampson County During the 1999 session, the North Carolina General Assembly passed a law directing the North Carolina Department of Environment of Natural Resources (DENR) to develop an inventory and ranking of all inactive lagoons and storage ponds in the State. In order to meet this directive, a representative of DENR has recently evaluated the inactive lagoon(s) and/or storage pond(s) on your property. Inactive lagoons and storage ponds were defined by the Statute as structures which were previously used to store animal waste but have not received waste for at least one year. The information collected on your property is contained in the attached field data sheets. Using this field data, staff ranked your inactive waste structures as high, medium or low according to its potential risk for polluting surface and/or groundwater. Your waste structure(s) was ranked as follows: Structure Number Surface Area (Acres} Rankin 1 0.85 Medium 2 3.45 Medium This ranking is based in part on the conditions existing on the day of the site visit. Changes in these conditions or the collection and evaluation of additional data may modify the ranking of your waste structure(s) in the future. Information on your facility along with over 1000 others contained in the inventory has been provided to the General Assembly. During this year's session, the General Assembly will consider additional requirements for future management of these structures which may include requiring proper closure of inactive lagoons. and storage ponds according to current or alternative standards. 225 Green Street, Suite 714, Fayetteville, North Caroling 28301 Telephone (910) 486-1541 Fax (910) 486-0707 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Rating of Potential Risk Inactive Waste Lagoons and Storage Ponds Animal Waste Management System Page 2 Regardless of their ranking, owners of all waste lagoons and storage ponds have certain management responsibilities. These include taking appropriate actions to eliminate current discharges, prevent future discharges and to insure the stability of their structures. Staff of the Division of Water Quality will be in contact with owners of all inactive structures that have been determined to pose a serious environmental risk, based on its ranking and/or additional field data collected by the Department. All liquids and waste removed from these structures must be land applied at a rate not to exceed the agronomic needs of the receiving crops. Any major modifications made to the dike walls or agronomic -- - � --I-- ---w major must be done in accordance with current standards and under the direction of a technical specialist designated for structural design. Your local Soil and Water Conservation District is an excellent source for information and guidance related to proper waste application practices, structure l operation and maintenance, and other related U111mal waste management Sta-1UdlUb "11WUL requirements. Nothing in this letter should be taken as removing from you the responsibility and liability for any past or future discharges from your lagoon(s) and/or storage pond(s) or for any violations of surface water or groundwater quality standards. Thank you for your cooperation and assistance in this process. If you have questions concerning your inactive structures, please contact the staff of either in the Division of Water Quality or the Division of Soil and Water Conservation in the Fayetteville Regional Office at (910) 486-1541. Sincerely, Waul Rawls ater Quality Regional Supervisor cc: Sampson County Soil and Water Conservation District Office Facility File Type of Visit 0 Compliance Inspection 0 Operation Review (1) Lagoon Evaluation Reason for Visit @) Routine 0 Complaint 0 Follow up 0 Emergency Notification 0 Other [3 Denied Access Facility Number 13 Permitted 0 Certified E3 Conditionally Certified 13 Registered Date of Visit 10 Not Operational 0 Below Threshold Date Last Operated or Above Threshold: ......................... Farm Name: County: SAMS-QU.- ...... - ............... JF.RO .......... Owner ........... Phone Na: 940,289-211A ................... _ ....... Facility Contact: TuryJAw .......... ................. ....... ....... ...... Phone No: ......... __ ...... ................................ Mailing Address: 4T5Q.W.Ay.cr.Qm.Rd ......................................... .................................... NAgVQ.1jRt'KC ........................... -. .......................... ZA45.3 ........... — Onsite Representative:_ ..... . ...... __ ....... ............... ...... . ............... --__ . ............... Integrator. ....................... Location of Farm: mnN AMAR-W.&A Jit .."K IMAM &AfimA ............. ................. ............ ......... - ........... ............... - ........... CgSwlne:�OP061&[:] y ❑ Cable ,f-1,H6rse:. Design . Current Design Current Design 'Current Swine Capacity Population-' Vdultey ;z Capacity, Population Cattle Capacity Population Wean to Feeder 400 Feeder to Finish �7280 WN Farrow to Wean 44vu ❑ Farrow to Feeder Farrow to Finish Gilts Boars erW,Lag6ons -Holding'Pon ds 'I'Solid TrdpgA� Discharges & Stream Impac L Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon [I Spray Field [I Other a. [I'discharge is observed, was the conveyance man-made? b, If discharge is observed, did it reach Water of the State! (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? 2. Is there evidence of past discharge from any part of the operation? 3. Is storage capacity (freeboard plus storm storage) less than adequate? 0 Spillway Waste Collection & Treatment Please see attached Lagoon Field Data Sheets 541100!6=1 C] Yes 0 No El Yes H No n/a ■F-] Reviewer/Inspector Name See t, Fjljjjdtjji �iQTF �WW l';7 - 4 1, %R 5 V n e V ewis"-','� " It IK"A'64. 24,4P 2-6,410 _.n L Reviewer/Inspector Signature-, Date: Printed on: 5/12/2000 Mity,,ftumber 82— 77 Lagoon Number .0.1 ......... Lagoon Identifier jnaQj(V 0 Active 0 Inactive Latitude 34 El K Waste Last Added .1-.J.-.9Z .......................................... Longitude 78 El 91 Determined by: ®{owner El Estimated By CPS or Map? 0—GPS [I Map CPS file number: JW032015A_ Surface Area (acres): jo,,.6.5......................... Embankme'nt Height (feet): gr.Qkjndjgygj ... Distance to Stream: 0<250feet 0250 feet - 1000feet 0>1000feet 0%.- o%&- fifim"3 M Mje9IA KAnncj innrnnet+ IVI hAnm 60Y %01 #Vl"fO a "I IVWil-4 1V1N;7rA%7U1%W116V11L joi IVI"V Down gradient well within 250 feet?. OYes *No Intervening Stream? OYes *No Distance to WS or HOW (miles): #<5 05-1,0 0>10 Overtopping from Outside Waters? OYes *No OUnknown Spillway OYes ONo AdequateMarker OYes ONo Freeboard & Storm Storage Requirement (inches): 9 appearance of 0 Sludge Near Surface lagoon liquid 0 Lagoon Liquid Dark, Discolored 0 Lagoon Liquid Clear 0 Lagoon Empty Freeboard (inches): 30 embankment condition 0 Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc, *Construction Specification Unknown But Dam Appears in Good Condition 0 Constructed and Maintained to Current MRCS Standards outside drainage 0 Poorly Maintained Diversions or Large Drainage Area not Addressed in Design 0 Has Drainage Area Which is Addressed in Lagoon Design (9 No Drainage Area or Diversions Well Maintained liner status # High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc. 0 No Liner, Soil Appears to Have Low Permeability 0 Meets MRCS Liner Requirements cation equipment fall to make contact and/or Sprayfleld 0 Yes # No 0 Unknown with representative 0 Yes (9 No unavailable comments Contacted by phone. Facility Rumber 82-77 Lagoon Number .0.2 . ........ Lagoon Identifier Ijiai.;.ftve.1agQ. . 0 Active # Inactive Latitude El El Waste Last Added .......................................... Longitudeff] F117 EE Determined by: 9 Owner 0 Estimated By GPS or Map? Q G.PS, Q_MaE GPS file number* L J Surface Area (acres): .3.,.4,5 .............. Embankment Height (feet): .1.5 ............................ Distance to Stream: 0<250feet (0250 feet - 1000 feet 0>1000feet By measurement or Man? 17 Field Measurement RMaD ' J ''' - - - - - I -- - - � I Down gradient well within 250 feet? . 0 Yes # No Intervening Stream? 0 Yes 6 No •I, =M t 51111111111:1111t; mext !1 Spillway OYes ONo Adequate Marker OYes ONo Freeboard & Storm Storage Requirement (inches): Inspection date 3-20-2000 appearance of 0 Sludge Near Surface lagoon liquid 0 Lagoon Liquid Dark, Discolored # Lagoon Liquid Clear 0 Lagoon Empty Freeboard (inches): 30 embankment condition * Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile,Drains, Etc. 0 Construction Specification Unknown But Dam Appears in Good Condition -0 Constructed and Maintained to Current NRCS Standards outside drainage 0 Poorly Maintained Diversions or Large Drainage Area not Addressed in Design 0 Has Drainage Area Which is Addressed in Lagoon Design (0 No Drainage Area or Diversions Well Maintained liner status 0 High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc. 0 No Liner, Soil Appears to Have Low Permeability 0 Meets NRCS Liner Requirements cation equipment fall to make contact and/or Sprayfield 0 Yes 0 No 0 Unknown with representative 0 Yes 0 No unavailable comments Was unable to shoot lagoon with GPS unit due to Sat. positions and weather conditions (heavy rains and clouds). State of North Carolina �o' --? -� Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director June 21, 2000 Mr. David Hulbert DIV. Farms P. 0. Box 1076 Rose Hill, NC 28458 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RF-souRcEs Subject: NPDES Permit Number NCO086614 Mag 4 Sow, Melville I & 2, Dell and Section I Site 4 Swine Waste Management System Sampson County Dear Mr. Hulbert: In accordance with your application received on June 7, 1999, we are forwarding this NPDES Permit issued to DM Farms, authorizing the operation of the subject animal waste and process wastewater collection, treatment, storage and land application system. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215. 1, Section 402 of the Clean Water Act, and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated May 9, 1994. This approval is for the operation of the existing animal waste management system including, but not limited to, the management of animal waste and process wastewater from the following facilities: Mag 4 U L OLLI,� --Vl IVL�aM�U I .3aTJ'1pS0r1 capacity SOW, MANA11'. I 'p, I �11 ^-A Q ec*.o- I Q.+_ A 1___+_A 0 TI n Witil a �%,11 C4A&%A kJ %-VULILY P of no greater than 4,400 sows, farrow to wean; 400 wean to feeder; and 27,280 feeder to finish and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). These facilities are located in a drainage area tributary to Six Runs Creek in the Cape Fear River Basin. The permit shall be effective from the date of issuance until May 31, 2005 Pursuant to this Permit, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in this Permit; the facility's CAWMP; and the Clean Water Act, and its implementing regulations, with no discharge of wastes to waters of the United States. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this Permit will require a modification to the CAWMP and this Permit and must be completed prior to actual increase in either wastewater flow or number of animals. Please pay particular attention to the additional monitoring requirements that are contained in Parts 111.2,111.3. and IV. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NPDES Permit Number NCO086614 Page 2 Please be advised that any violation of the terms and conditions specified in this Permit or the CAWMP may result in the revocation of this Permit, and/or penalties in accordance with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Renewal applications must be filed at least 180 days prior to the expiration of the pen -nit. This Pen -nit is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. This letter is considered part of the attached permit and must remain attached to the permit. If any parts, requirements, or limitations contained in this Permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This .e%"eOL m0+ be in f1-7L-1 of a w"+M-,- F-+I+I:V- , conforminp, to Chapter I J5AVB'1 Of the Nloali Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such a request is made within 30 days, this Permit shall be final and binding. The subject facility is located in the Fayetteville Regional. The Regional Office Water Quality Staff may be reached at (910) 486-1541. If you need additional information concerning this Permit, please contact Dennis R. Ramsey at (919) 733-5083 ext. 528. Sincerely, Kerr T. Stevens cc: Murphy Family Farms Sampson County Health Department Sampson County Soil and Water Conservation District Fayetteville Regional Office, Water Quality Section Non -Discharge Compliance Unit Permit File NDPU EPA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SWINE WASTE MANAGEMENT SYSTEM NPDES PERMIT This permit shall be effective from the date of issuance until May 31, 2005. The permittee shall comply with the following specified conditions and limitations: 1. PERFORMANCE STANDARDS DR-AF11 1. The animal waste collection and process wastewater, treatment, storage and application system operated under this permit shall be effectively maintained and operated as a non - discharge system to prevent the discharge of pollutants to waters of the United States or ditches. Application of waste at agronomic rates to terraces and grassed waterways is acceptable in accordance with Natural Resources Conservation Service (NRCS) Standards. Facilities which are designed, constructed and operated to contain all process generated waste waters plus the runoff from a 25-year, 24-hour rainfall event for the location of the facility and which are in compliance with their CAWMP; the Clean Water Act, and its implementing regulations; and this permit, which unintentionally discharge an overflow of process waste pollutants as a result of a storm event greater than the 25-year, 24-hour storm, will not be considered to be in violation of this permit. 2. No discharge shall result in a violation of the water quality standards established for the receiving waters as per 15A NCAC 2B .0200. 3. The CAWMP is hereby incorporated by reference into this permit. New or expanding facilities are required to be certified prior to the stocking of animals. The CAWMP must be consistent with all applicable statutes, rules and standards in effect at the time of siting, design and certification of the facility, The permittee must assess, on an. 01irr—l"n basis, f" -f +t,- ;--I- '—rb 0, tAl� y �AI�00 %J1 � LIL%, 1111FAementation of the CAWMP. The Permittee must amend the CAWMP to address any changes needed to improve the management of the animal waste at the site. Any amendment to the CAWMP must be documented, dated, and included as part of the CAWMP. The CAWMP must be provided to the permit issuance authority or EPA, upon the request of either. Any violation of the CAWMP shall be considered a violation of this permit and subject to enforcement actions. A violation of this Permit may result in the Permittee having to take A! I-.-- lmmeU[aLtZ V1 LULIg tuffs corrective actionks' ) as required by the Division or Water Quality (Division), or the Environmental Protection Agency (EPA). These actions may include modifying the CAWMP; ceasing land application of waste; removing animals from the farm; or the permit being modified, revoked and reissued, or terminated. 4. The facility may not be expanded above the capacity in this permit until a new permit reflecting the expansion has been issued. All activities authorized herein shall be consistent with the terms and conditions of this permit. NPDES Permit Number NCO086614 10 S. A copy of this Permit, certification forms, lessee and landowner agreements, and the CAWMP shall be readily available at the farm (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good condition and records shall be maintained in an orderly fashion. M" L" W"M ffmark"Mw of Ullij I awn" The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated. 2. A vegetative cover shall be maintained on all land application fields and buffers in accordance with the CAWMP. No waste may be applied upon fields not included in the CAWMP. 3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop production. 4. Land application rates shall be in accordance with the CAWMP and the Clean Water Act and its implementing regulations. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application. 5. Application of animal waste onto land which is used to grow crops for direct human consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur following the planting of the crop or at any time during the growing season, or in the case of fruit bearing trees, following breaking dormancy. Application of animal wastes shall not occur within 30 days of the harvesting of fiber and food crops for direct human consumption that undergo further processing. 6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated into the soil within two (2) days after application on the land. This requirement does not apply to no -till fields, pasture, or fields where crops are actively growing. 7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, storage and application system. Washdown of stock trailers, owned by and used to transport animals to and from this farm only, will be permissible as long as the system can accommodate the additional volume. Only those detergents and disinfectants that are labeled by the manufacturer as readily biodegradable may be utilized. 8. Disposal of dead animals shall be done in accordance with the North Carolina Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's regulations. 9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the animal waste lagoons and storage ponds to prevent any unnecessary addition to the liquid volume in the structures. K 10. A protective vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept mowed. 11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance with a CAWMP anti thp Clean Water Act and ;mnl#-mPnflri(7 NVhYll - removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to lagoon dikes and liners. 12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 13. 'The facility must have at least one of the following items at all times (a) adequate animal waste application and handling equipment, (b) alease, or other written agreement, for the use of the necessary equipment, (c) a contract with a third party applicator capable of providing adequate waste application, or (d) a contract for the purchase of the equipment. Equipment shall be capable of meeting permit condition 11 (4). 111. MONITORING AND REPORTING REQUIREMENTS An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted at a frequency to insure proper operation but at least monthly and after all storm events of greater than one (1) inch. For example, lagoons, storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Any major structural repairs (to lagoons or waste storage ponds) must have written documentation from a technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical. specifications, no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or decreased), etc.]. 2. In addition to the facility's existing lagoon waste -level gauges, automated lagoon waste - level monitors and recorders (monitored and recorded at least hourly) must be installed on all treatment and storage lagoons covered by this permit. This equipment must be properly maintained and calibrated at all times. This automated equipment must be in place "0 AAfar flAC,111 o/n A ;a IVAL%JVVIAAS the L- OOAM_ CC 01 ktls F-a—li:t. 3. An automated rain gauge and recorder must be kept on site to measure and record all rainfall events. This equipment must be properly maintained and calibrated at all times. 4. 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 Division or EPA upon request. 5. 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 Zinc Phosphorous Copper 6. If, for any reason, there is a discharge from the animal waste and process wastewater collection, treatment, storage and application systems (including the land application sites), .to waters of the United States, the permittee is required to make notification in accordance with Condition 111. 9. The discharge notification shall include the following information: a. Description of the discharge: A description and cause of the discharge, including a description of the flow path to the receiving water body. Also, an estimation of the volume discharged. b. Time of the discharge- The period of discharge, including exact dates and times, and, if not corrected, the anticipated time the discharge is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the discharge. c. Cause of the discharge: If caused by a precipitation event(s), information from the onsite rain gauge concerning the size of the precipitation event. d. Analysis of the waste: A copy of the last waste analysis conducted as required by Condition 111. 4. above. 7. In the event of any overflow or other discharge from the animal waste and process wastewater collection, treatment, storage and application systems (including the land application sites), the following actions must be taken: a. Analysis of the discharge: All overflows or other discharges must be sampled and analyzed. Samples must be, at a minimum, be analyzed for the following parameters: fecal coliform bacteria; five-day biochemical oxygen demand (BODI); total suspended solids ( ' TSS); total phosphorus as phosphorus; dissolved phosphorus as phosphorus; ammonia -nitrogen as nitrogen; TKN as nitrogen, nitratee, nH- and temne-rntimp. b. Sampling procedures: Samples shall consist of grab samples collected from the over -flow or discharge. A minimum of one sample shall be collected from the initial discharge (within 30 minutes). The sample shall be collected and analyzed in accordance with EPA approved methods for water analysis listed in 40 CFR 136. Samples collected for the purpose of monitoring shall be representative of the monitored discharge. Monitoring results must be submitted to Division within 30 days. c. Reasons for not sampling: If conditions are not safe for sampling, the permittee must provide documentation as why samples could not be collected. For example, the permittee may be unable to collect samples during dangerous weather conditions (such as local flooding, high winds, hurricane, tornadoes, electrical storms, etc.). However, once dangerous conditions have passed, the permittee shall collect a sample from the retention structure (pond or lagoon). 8. All records required by this permit and the facility's CAWMP, including but not limited to soil and waste analysis, rain gauge readings, freeboard levels, irrigation and land application event(s), cropping information and removal of solids to an off -site location(s) 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 nninerytrarl kv tks- MAcirin and oliall ka VoaA;Ilr n-ra0al-d'. fr,*- T" "Ormit- 1,1'. - . — -.Y -A- �1V414LAXJ " V "4A"U&� LWL IAAOFU%AWAI. I AAb F. A LAAA kv shall also furnish to the Division or EPA upon request, copies of records required to be kept by this permit. NPDES Permit Number NC0086614 9, Regional Notification: The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the f6flowing events: a. Failure of any component of the animal waste collection, treatment, storage and land application system resulting in a discharge to waters of the United States, bt Anv failure of the animal waste and process wastewater treatment nnr4 r4i—n-1 .1 --- "' disposal system that renders the facility incapable of adequately receiving, treating or storing the animal waste, process wastewater and/or sludge. c. A spill or discharge from a vehicle transporting animal waste, process wastewater or sludge to the land application field which results in, a discharge to waters of the United States or an event that poses a serious threat to waters of the United States. d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment. e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V (3) of this Permit. f. Overapplying animal waste or process wastewater either in excess of the limits set out in the CAWMP or where runoff enters waters of the United States. g. Any discharge that bypasses a lagoon/storage pond resulting in a discharge to waters of the United States or that poses a serious threat to the environment. For any emergency which requires immediate reporting after normal business hours, please contact the Division of Emergency Management at 1-800-858-0368. P "I - I he, ermittee shall also file a written report to the appropriate Division Regional Office within 5 calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the Division Regional Office. 10. An annual certification report shall be filed with the Division by March I of each year for the previous year's activities on forms provided by the Division certifying the facility was in compliance with the terms of this permit and the CAWMP. If the facility was not in compliance, the annual certification must be used to summarize all the violations during the previous year and explain the current compliance status of the facility. It. In the event of a discharge of 1,000 gallons or more of animal waste to the surface waters .r fl.. Q+.+- the permittce must issue a press release to -11 --:-+ --A W� �11� �,YL"L�, %, LV 4211 P41ILL allU VICAALunic news media that provide general coverage in Sampson County setting out the details of the discharge. The press release must be issued within 48 hours after it is determined that the discharge has reached the surface waters of the State. ' A copy of the press release and a list of the news media to which it was distributed must be kept -for at least one near after the discharge and must be distributed to any person upon request. 12. In the event of a discharge of 15,000 gallons or more of animal waste to the surface waters of the state, a public notice is required in addition to the press release described above. The public notice must be placed in a newspaper having general circulation in Sampson County and the county immediately downstream within 10 days of the discharge. If a discharge of 1,000,000 gallons of wastewater or more reaches surface waters, the DWQ regional office must be contacted to determine in what additional counties, if any, a public notice must be published. A copy of all public notices and proof 9 M" El of publication must be sent to the DWQ within 30 days of the discharge. The minimum content of the notice is the location of the discharge, estimated volume, water body affected, steps taken to prevent future discharges and a phone number and contact name. IV, GROUNDWATER REQUIREMENTS I Within 90 days of permit issuance, five (5) monitor wells, designated as MW-I, MW-2, MW-3, MW-4 and MW-5 shall be installed to monitor groundwater quality in the general locations of the spray fields and as shown on Attachment A. The wells shall be constructed such that the water level in the well is never above or below the screened (open) portion of the well at any time during the year. The monitor wells shall be located at the Review Bounda , and constructed in accordance with this permit, and approved by the tteville Regional Office. 2. All wells that are constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 2C .0108 (Standards of Construction for Wells Other than Water Supply) and any other state and local laws and regulations pertaining to well construction. 3. The Fayetteville Regional Office, telephone number (910) 486-1541 shall be notified at least forty-eight (48) hours prior to the construction of any monitoring well so that an inspection can be made of the monitoring well location. Such notification to the regional groundwater supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding state holidays. 4. Within thirty (30) days of completion of all well construction activities n certification must be received from a professional engineer or a licensed geologist certifying that the monitoring well(s) are located and constructed in accordance with the Well Construction Standards '15A NCAC 2C) and this permit. This certification should be submitted with copies of the Well Completion Form (GW-1) for each well. Mail this certification and the associated GW-I forms to the Department of Environment and Natural Resources, Water Quality Division, Groundwater Section, Permits and Compliance Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. 5. For the initial sampling of the wells as specified elsewhere in the permit, the permittee shall submit a copy of the GW-1 Form (Well Completion Form) with the Compliance Monitoring Form (GW-59) for each well. Compliance Monitoring Forms that do not include copies of the GW-1 form. will be returned to the permittee without being processed. Failure to submit these forms as required by this permit may result in the initiation of enforcement activities pursuant to NC General Statutes 143-215.6. 6. Within five (5) days of completion of the monitor wells, all of the monitor wells shall have their wellheads secured in order to prevent access by hand. This restriction of access -Al-j- it I may be accomplished UY uttuUnIng a padlock, I which would secure a metal well cap to the protective casing, or by some other means acceptable to the Groundwater Section, Each well shall be further secured by placing a compatible water tight cap or seal onto the riser pipe in order to prevent potential contamination from entering the wells. 7. Within sixty (60) days of completion of the monitor wells, the permittee shall submit two original copies of a scaled topographic map (scale no greater than 1 ":400') signed and sealed by a professional engineer or a state licensed land surveyor that indicates all of the following information: a. the location and identity of each monitor well (noting longitude and latitude), b. the location of all components of the waste disposal system, 0 NPDES Permit Number NCO086614 c. the location of all property boundaries, d. the latitude and longitude of the established horizontal control monument, e. the relative elevation of the top of the well casing (which shall be known as the "measuring point"), and f. the depth of water below the measuring point at the time the measuring point is established. This survey shall be conducted using approved practices outlined in North Carolina General Statutes Chapter 89C and the North Carolina Administrative Code Title 21, ('hnntpr 5A The '11—s-ror shall establish a horizon" co—rol --- on the property Y_ V - — . s_. I _j _. .- ULILL&I %,%Jilt V 111VIL1,1111%.Lit, VJI the 0 the waste disposal system and determine the latitude and longitude of this horizontal control monument to a horizontal positional accuracy of +/-10 feet. All other features listed in a.' through e. above shall be surveyed relative to this horizontal control monument. The positional accuracy of features listed in a. through e. above shall have a ratio of precision not to exceed an error of closure of I foot per 10,000 feet of perimeter of the survey. Any features located by the radial method will be located from a minimum of two points. Horizontal control monuments shall be installed in such a manner and made of such materials that the monument will not be destroyed due to activities that may tape place on the property. The map shall also be surveyed using the North American Datum of 1983 coordinate system and shall indicate the datum on the map. -All bearings or azimuths shall be based on either the true or NAD 83 grid meridian. If a Global Positioning System (GPS) is used to determine the latitude and longitude of the horizontal control monument, a GPS receiver that' has the capability to perform differential GPS shall be used and all data collected by the GPS receiver will be differentially corrected. The maps and any supporting documentation shall be sent to the Department of Environment and Natural Resources, Water Quality Division, Groundwater Section, Permits and Compliance Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. R, The mnnitor wells shall be satnn1pri initially aAer constinidion a"A +11f+ _ The I .. ..... I—— AAAA AA.T V -A- LIWA Z "AA%A L1141 %,"A. 4111 L, v %, ry March, July, and November, for the following parameters: Water Level Nitrate (NO3) Total Ammonia Chloride 9. The measurement of *water levels must be made prior to sampling for the remaining parameters. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. 10. The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality Monitoring: Compliance Report Form) by the Department of Environment and Natural Resources, Water Quality Division, Groundwater Section, Permits and Compliance Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636 on or before the last working day of the month following the sampling month. 11. T i A 1V1 Lill. UlaFV.>al 3.YaLv, I The COMPI t A XTOV UnTTXTn A DV P A- A, 1 +-m is Specified by regulations n 15A RCAC-ZL,—Grounawater —CTossifications and Standards. The Compliance Boundary is for the disposal system individually permitted after December 31, 1983 is established h at either (1) 250 feet from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action in addition to the penalty provisions applicable under General Statute 143-215.6A(a)(I). In accordance with 15A NCAC. 2L, a REVIEW BOLNDARY is established around the disposal systems midway between the Compliance Boundary- and the perimeter of the waste disposal area. Any exceedance of standards at the Review Boundary shall require remediation action on the part of the permittee. 11 Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided. V. INSPECTIONS AND ENTRY The permittee shall allow an authorized representative of the Department or EPA, upon the presentation of credentials and other documents as may be required by law, to: a) Enter the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c) Inspect, at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, and d) Sample or monitor, at reasonable times, for the purpose of assuring permit compliance or as otherwise authorized by the Act, any substances or parameters at any location. UJM&fL&'1 1. The issuance this permit shall not relieve the Permittee of the responsibility for compliance with all applicable surface water and groundwater quality standards or for damages to surface waters or ground waters resulting from the animal operation. 2. The Permittee shall designate a certified animal waste management system operator to be in charge (OIC) of the animal waste management system. The animal waste management system shall be operated by the OIC or a person under the OIC's supervision. 3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the 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 additional 1 foot of structural freeboard. 4, The Division may require any additional monitoring (including but not limited to groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of such waste upon the waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental I'vilartagernent Commission requirements. 5. Any containment basin, such as a lagoon or storage pond, used for animal waste management shall continue to be subject to the conditions and requirements of this permit after closure of the animal feeding operation or non-use or abandonment of said containment basis. Closure of a containment basin, in accordance with the "Natural Resource Conservation Service (NRCS) North Carolina Interim Standard for Closure of Abandoned Waste Facilities," January 1997 or any subsequent amended, will cause said containment basin to no longer be subject to the requirements of this permit or the Clean Water Act. The permittee must submit a letter to the Division to request inactivation of the NPDES permit Coverage by providing documentation describing the procedures taken to close any containment basin. Closure shall also include notifying the Division and submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to Water Quality Section, Non -Discharge Branch within 15 days of completion of closure. 6. This permit allows for the distribution of manure up to 4 cubic yards per visit to individuals for personal use. 7. The issuance this permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, or ordinances (local, state, and federal), nor does issuance of this permit convey any property rights in either real or personal property. 8. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of this Permit. 9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements which are required in the CAWMP, shall constitute grounds for revocation of this Permit. 10. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 11. This permit is effective only with respect to the nature and volume of wastes described in the .application and other supporting data. The Permittee shall notify the Division immediately of any. applicable information not provided in the permit application, 12. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the perm-ittee must apply for and obtain a new permit. Renewal 1 1 OA A L _ __ _1r6L_ ___:41 applications must be flilcd at Acast 1 0 V nays prior to ute, Cx,pira-titin vi Lw-, IjF�muu 13. The Groundwater Compliance Boundary for the disposal system constructed after December 31, 1983, is established at either (1) 250 feet from the waste structures and from the waste disposal area. or (2) 50 feet within the property boundary, whichever is closest to the waste structures and the'waste disposal area. If this facility was constructed prior to December 31, 1983, the Compliance Boundary is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division in addition to the penalty provisions applicable under the North Carolina General Statutes. 0 NPDES Permit Number NCO086614 14. The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North North Carolina General Statute 143-215.1 et. al. VII. PENALTIES Failureto abide by the conditions and limitations contained in this permit; the f.qf-.Mtv"Z I ------- I .-.- - CAWMP; or the Clean Water Act, and its implementing regulations, may subject the Permittee to an enforcement action by the Division or EPA in accordance with North Carolina General Statutes including the modification of the animal waste management system, civil penalties, criminal penalties and injunctive relief. The Clean Water Act and 40 CFR Part 122.41 provide that any person who violates a permit condition is subject to civil penalties and administrative penalties. In addition criminal penalties including imprisonment are provided for falsifying data, knowingly violating a permit condition, or for negligence. 2. The permittee must comply with all conditions of this 'permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. 3. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. LVA11mmirnow". ajoy"..'Jolymeloyal) A. General Conditions Introduction- In accordance with the provisions of 40 CFR Part 122.41, et. seq., this permit incorporates by reference ALL conditions and requirements applicable to NPDES Permits set forth in the Clean Water Act, as amended, (hereinafter known as the "Act") as well as ALL applicable regulations. 2. Duty to Comply: The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation, and reissuance; and/or for denial of a permit renewal application. 3. Toxic pollutants: The permittee shall comply with effluent standards and prohibitions established under section 307(a) of the Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 4. Permit actions: This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any pen -nit condition. IN Property rights: The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State/Tribal or local laws or regulations. 6. Duty to provide information: The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shalt also furnish to the Director upon request, copies of records required to be kept by this permit. 7. Criminal and Civil Liability: Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. Any false or materially misleading representation or concealment of information required to be reported by the provisions of the permit, the Act, or applicable regulations, which avoids or effectively defeats the regulatory purpose of the Permit may subject the Permittee to criminal enforcement pursuant to 18 U.S.C. Section 1001. S. State/Tribal Laws: Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State/Tribal law or regulation under authority preserved by Section 510 of the Act. 9. Severability: The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. B. Proper Operation and Maintenance I . Need to halt or reduce activity not a defense: It shall not be a defense for a permittee in an enforcement action to plead that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. Z. Duty to mitigate: The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3, Proper operation and maintenance: The permittee shall, at all times, properly operate and I A ---+--I t--A --I-+-A appurtenances') a.1 facilities and systems of treatment anU kallU L�,LaLV;LL aFpurteranccs' ) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. C. Monitoring and Records I . Representative sampling: Samples and'mea,surements taken for the purpose of monitoring shall be representative of the monitored activity. 2. Retention of records: The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at NPDES Permit Number NCO086614 least three years from the date of the sample, measurement, report, or application. This period may be extended by request of the Director at any time. 3. Record content: Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical nal tech or methods used; an .4 .1 . - LA f. The results of such analyses. 4. Monitoring procedures: a. Monitoring must be conducted according to test procedures approved under 40 CFR Part 136, unless other test procedures have been specified in this permit or approved by the Director. b. The permittee shall calibrate and perform maintenance procedures on all monatoriniz and analytical I instruments at intervals frequent enough to insure accuracy of measurements and shall maintain appropriate records of such activities. c. An adequate analytical quality control program, including the analyses of sufficient standards, spikes, and duplicate samples to insure the accuracy of all required analytical results shall be maintained by the pen-nittee or designated commercial laboratory. D. Reporting Requirements 1. Anticipated Noncompliance: The permittee shall give advance notice to the Division of any planned changes in the permitted facility or activity which may result in noncompliance with pen -nit requirements. 2. Other information: Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Division, it shall promptly submit such facts or information to Division. E. Signatory requirements All applications, reports, or information submitted to the Division shall be signed and certified as follows: 1. All permit applications shall be signed as follows: a. For a corporation: By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: i. A president, secretary, treasurer, or vice-president of the corporation in charge of a principal ' business function, or any other person who performs similar policy or decision -making functions for the corporation; or, ii. The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 t' - dodollars),ifautlAonty to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. N b. For a partnership or sole proprietorship: By a general partner for a partnership or the proprietor, respectfully. c. By the co-permittee. 2. All reports required by the permit and other information requested by the Division or EPA shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if, a) The authorization is made in writing by a person described above; b) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or any individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or an individual occupying a named position; and, c) The written.authorization is submitted to the Division. I %., ICIII MUIL Any person signing a document under this section shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather -and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 25-year, 24-hour rainfall event means the maximum 24-hour precipitation event with a probable recurrence interval of once in 25 years, as defined by the National Weather Service in Technical Paper Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or equivalent regional, or state rainfall probability information developed therefrom. Animal feeding operation means a lot or facility (other than an aquatic animal production facility) whei-e the following conditions are met: (i) animals (other tilan aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and (ii) crops, vegetation, forage growth, or post -harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single animal feeding operation if they adjoin each other, or if they use a common area or system for the disposal of wastes. Ground water means any subsurface waters, Land application means the application of wastewater and waste solids onto or incorporation into the soil. Process wastewater means any process -generated wastewater and any precipitation (rain or snow) which comes into contact with any manure, litter or bedding, or any other raw material or intermediate or final material or product used in or resulting from the production of animal or poultry or direct products (e.g. milk, egte-1,S), 13 NPDES Permit Number NC0086614 Process -generated wastewater means any water directly or indirectly used in the operation of a feedlot for any of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning or flushing 'pens, barns, manure pits, or other feedlot facilities; direct contact swimming, washing or spray cooling of animals, and dust control. The Act means Federal Water Pollution Control Act as amended, also known as the Clean Water Act as amended, found at 33 USC 1251 et seq, Toxic pollutants means any pollutant listed as toxic under Section 307(a)(1) of the Act. Waters of the United States means: (1) all waters that are currently used, were used in the past, or may be susceptible to use- in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; (2) all interstate waters, including interstate wetlands; (3) all other waters such as intrastate lakes, rivers, and streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: which are or could be used by interstate or foreign travelers for recreational or other purposes; from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or, which are or could be used for industrial purposes by industries in interstate commerce; (4) all %cam►poundrnents of waters otherwise defined as waters of the U.S.; (5) tributaries of waters identified in (1) through (4) of this definition; (6) the territorial sea; and (7) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in items (1) through (6) of this definition. This Permit issued the 21st day of June 2000. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission NPDES Permit Number NC0086614 14 =I I '� � � - [� Division of Soil and Water Conservation ❑Other Agency � � � f ` � h`'' �' � } [W Routine 'O Complaint O Follow-up of DW2 insEection O-Follow-up of USWC review O Other Date of Inspection ,? ` Facility Number Time of Inspection 2 = 24 hr. (hh:mm) 0 Registered fM Certified [3 Applied for Permit [3 Permitted jr3 Not Opera Date Last Operated:........ Farm Name: ........... ,r%1�t.K.C,I.,I......,.........../...G:^..-..................... County:................................. OwnerName:.......... �,%�....e� ................................................................... Phone No:... �..✓.,./D�.....2t�%�.�2//.....•.................... FacilityContact: ......... ,C.Q...C.r�...............•....... Title:............ ......................................... Phone No: ........................................... Mailing Address: ............T.2s ... ��� i4�1. .. (�. ..... t 1� �1....1..! ..c.C�.... `3................ .......................... Onsite Representative: ....... ..frG.�.......��(.tr-................................................... ` lntegrator....,llllsa ..,�'�4�................ .. Certified Operator ........... �,,e�.44rf ........P,;... -1 „ �tf /Q,/ Operator Certification 1Number,...9.2.�K ........... Location of Farm: ...... lg.............:.............................•....................................................•.......................................................................................... .. y.. ...... . Latitude =*=, o« Longitude =• =` =11 iDesign Current ,Design Current,., Design :_Current Swore<Cn `itcity , Po ulatton Poultr g �'.Ca P Y P Y actk Po ulahon Catf ` P Y P 1e s>' Capacity.. Population . 91 Wean to Feeder OD ❑Layer ❑Dairy Feeder to Finish .2 ,2� ,2 7A p 10 Non -Layer 10 Non -Dairy Farrow to Wean Qp Qd W ❑ Farrow to Feeder . ❑OtherY„n Farrow to Finish Total DOMg'n' Capacity ❑ Gilts 'Total SSLW ❑ Boars Number of Lagos / Holdi�I'onds "©• ! Drainsface ❑Lagoon Area ❑ Spray Field Area t System ❑ No LiqFO uid to Management q gemen s 1. Are there any buffers that need maintenance/improvement? ❑ Yes XNo 2. Is any discharge observed from any part of the operation? ❑ Yes AR No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ANo b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes JI No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes N-No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes Wo 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes 10 5. Does any part of the waste management system (other than lagoons&lding ponds) require ❑ Yes kNo maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes gNo 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes )aNo 7/25/97 Continued on back Facility Number: ?'2-- 7 /05OP 8. Are there lagoons or storage ponds on site which need to be properly closed? rl Yes No Structures (La2oons.tIoldint! Ponds. Flush Pits. etc. 9. Is storage capacity (freeboard plus storm storage) less than adequate? [3 Yes ONo Structure I Structure 2 Structure 3 Structure 4 Str Structure 6' Identifier: D,* - 1-.ty_ I? ,&/ _', 1�6e W*. 4ir I-e"ZI ............. ..................... ....... ____ ................. ............................e., .... . .24 �O 10 4. Jle /I Afn� "0" Freeboard(ft): ................................ ..................... ........ ...... j./y ................... ...................... ...... ......... z 10. N seepage observed from any of the structures? n Yes 9No H. Is erosion, or any other threats to the integrity of any of the structures observed? 0 Yes NtNo 12. Do any of the structures need maintenance/improvement? emyes El No (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 11 Do any of the structures lack adequate minimum or maximum liquid level markers? 0 Yes MNo 44 Waste Am)lication 14, Is there physical evidence of over application? 0 Yes A No (if in excess of WMP, or runoff entering waters of the State, notify DWQ) 15, Crop type . . .... ............. ........... .......... ....................... .......................................... .............. ........ 16. Do the receiving crops differ with those designated in the Animal Waste Management 'Plan (AWMP)? 0 Yes kNo 17. Does the facility have a lack of adequate acreage for land application?, 0 Yes ZNo 18. Does the receiving crop need improvement? C1 Yes ANo 19. Is there a lack of available waste application equipment? 0 Yes kNo 20. Does facility require a follow-up visit by same agency? XYes 0 No 21. Did Reviewerfinspector fail to discuss review/inspection with on -site representative? 0 Yes VINO 22. Does record keeping need improvement? [3 Yes 0 No For Lejrirjgd_&r renuitted Eagilities Only 23. Does the facility fall to have a copy of the Animal Waste Management Plan readily available? U Yes PqNo 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 0 Yes Ed No 25. Were any additional problems noted which cause noncompliance of the Permit? 0 Yes IN No 13°No'vio'la'tio'n's,or- dericiencies'.we'r'enoted-during this'Visk.'you'"W111 i &O.'Viii6ftirtheri*.'' e6fri!§066deilee a6ciJut this'visit.,',', 'Ov 7/25/97 Reviewer/Inspector Name Reviewer/Inspector Signature: Date: .14-1121, L6/0f/t7 0000r, '40 cw ,ow //Ya 7h ev a 4V el(3 p/p UL, Swoul :swulm wpo lvuowpvv�� ogiwad-UjJOI)tT(j ..... Z�L ,,,,,"FM .-:j;)qtunN IMLI.%9:uI Sl I MOM Division of Soil and. Water Conservation [3 Other Agency PO Division of Water Quality 1WRoutine OCornplaint 01follow-upot'W2inspection OFollow-ugofl),SWCreview 00ther Facility Number DDate of Inspection FTA Time of Inspection = 24 hr. (hh-.mm) JORegistered 13Certified M Applied for Permit [3 Permitted 113 Not O rational Date Last Operated: ..... ........ ........... Farm Name: ......... IV-17-If "—X: ..... ........... . ................................... Owner Name: .......... Phone No: ......Z- .......... ... - ... Facility Contact:......... r ... ... ... ................. Title . ....................................... ........................ Phone No:................................................... Mailing Address: e-7 f, e, .* t; - " I a ..... - -.ZAE KC3 ... 1 1-1-1.1.- 1.11-.1.1.111 .......... .... .... ........ ........ Onsite Representative: ........... xfs�!� ...... ............ Integrator: ....... . .......... Certified Operator;........... ........ ........ ............ Operator Certification Number,.... ............. Location of Farm: Latitude Longitude Design Current signCur-rent LDesign5currentd I in r. P't'ifiltry Capacity Population "14Cattle Capacft- El Wean to Feeder 0 Feeder to Finish Farrow to Wean 9yyy aj Farrow to Feeder C3 Farrow to Finish 0 Gilts [:3 Boars [[]_ Non -Layer [ ❑ Non Dairy Other 10 I Y� jiital DesigwCapacity C Total SLWli :46' General 1. Are there any buffers that need niaintenance/improvemefit? Ej— Yes 2Q No 2. Is any discharge observed from any part of the operation? 0 Yes M No Discharge originated at: 0 Lagoon EJ Spray Field El Other a. If discharge is observed, was the conveyance man-made? El Yes Fq No b. If discharge is observed, did it reach Surfaco. Water? (If yes, notify DWQ) 0 Yes (fit No c. If discharge is observed, what is the estimated flow in gal/min? .d. Does discharge bypass a lagoon system'? (If yes, notify DWQ) n Yes KNo 3. Is there evidence of past discharge from any part of the operation! 0 Yes M No 4. Were there any adverse impacts to the waters of the State other than from a discharge? El Yes RD No 5. Does any part of the waste management system (other than lagoons/holding ponds) require 0 Yes KNo maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? C1 Yes 0 No 7. Did the facility fail to have a certified operator in responsible charge? 0 Yes ONo 7/25/97 Continued on back *__114. Facility Number- 7 8. Are there lagoons or storage ponds on site which need to be property closed? 0 Yes jQ7No Structures (Lagoons,11olding Ponds, Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? 0 Yes 0,No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Freeboard(ft): ............. ..... .......... ...... ........ ....... I ............. ............ ... .............. .. .................................... 10. Is seepage observed from any of the structures? 0 Yes R No 11. Is erosion, or any other threats to the integrity of any of the structures observed? C] Yes 19 No 11 Do any of the structures need maintenance/improvement? XYes [I No (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? OYes NNO Wade Annlientinn 14. Is there physical evidence of over application? t<No (if in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type #110 Ow .................... ................. ........... . .................... ......................................... ........ ....... ...... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? C3 Yes n'No 17. Does the facility have a lack of adequate acreage for land application? C1 Yes MNo 18. Does the receiving crop need improvement? Yes WO 19. Is there a lack of available waste application equipment? 0 Yes O'No 20. Does facility require a follow-up visit by same agency? M Yes QNo 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 0 Yes IN'No 22. Does record keeping need improvement? 0 Yes Pff No For Certified or Permitted Facilities Qnly 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 0 Yes 0 No 24, Were any additional problems noted which cause noncompliance of the Certified AWMP? 0 Yes 0 No 25. Were any additional problems noted which cause noncompliance of the Permit? Yes 0 No 13 No'vioilitions- 'or deficie6de's. wie'rei, noted -during this" visit'. Yoia ",MH i6etiVe' 6-ftirtheril. c0r0sp6fideke, aWit -this. I Reviewer-finspector Name 7/25197 Reviewer/Inspector Signature: Date: /Z— -se— �;1;7 [3Division of Soil.ttnd Water Conservation [30ther Agency Division of Water Quality 10 Routine 0 Connflaint 0 Follow-un ofDNVO insuection 0 Follow-ut) of DSWC, review 0 Other I Facility Number 1 Date of Inspect ion /z 7 Time Inspection �24 hr. of t (hh:mm) *Registered (3 Certified [3 Applied for Permit E3 Permitted JE3 Not Operational 1 Date Last Operated: .......................... FarinName:, - ......... . . . ........ .................................................... ............. County:......... .... .. I ...... Owner Name:......... ............................. ............. acifity C'ontactt ...... ........................ nL --- Ai... ___ ............. .............. ........................ .............. ........... Mailing Address: ....................................... Onsite Representative:...,...... ............................................. Integrator:.... . .... ...... Certified Operators„„...... ........... '................. .............. .............................................. Operator Certification N1imber-,, Location of Farm: Latitude 0 =, = 44 Longitude a L=9 =11 D" �.:�Current �i. :Design K:Cut t'Design Curre'; 'r �nt. Sworek.Ca, wlt : Oppltib n Poultry u at ion ttle Capacity Ptpulatron Wean to Feeder _" 10 Layer El Dairy :T Feeder to Finish Non -Layer El Non Dairy ElTarrow to Wean z 0 Farrow to Feeder 10 other I 10 Farrow to FinishTotal Design Capacity, , JE1 Gilts t jbtalSSL JE1 Boars Number; of Lagoons / Heldmg Ponds .10 Subsurface* Drains Prese nt 10 Lagoon Area 10 Spray Field AreaWit:. 10 No Liquid Waste Management System ", w A"I., 2�4v: A: General 1. Are there any buffers that need maintenance/improvement? El Yes �No 2. Is any discharge observed from any part of the operation? 0 Yes 1§ No Discharge originated at: 0 Lagoon El Spray Field El Other a. If discharge is observed, was the conveyance man-made? ❑ Yes PNo k- b. If discharge is observed, did it reach Surface Water? (If Yes, notify DWQ) ❑ Yes ff No c. If discharge is observed, what is the estimated flow in gal/min? AkA -d. Does discharge bypass a lagoon system'? (If yes, notify DWQ) ❑ Yes 10 No 3. Is there evidence of past discharge from any part of the operation? Yes P9 No 4. Were there any adverse impacts to the umtpra of the qtqtp nthpr than I'mm q AiQrhnruP7 Nn 5. Does any part of the waste management system (other than lagoons/holding ponds) require Yes QTNo maintenance/improvement? & Is facility not in compliance with any applicable setback criteria in effect at the time of design? rl Yes P No 7. Did the facility fail to have a certified operator in responsible charge? C3 Yes WN o 7/25/97 Continued on back P jFacility Number: Y7-- 8. Are there lagoons or storage ponds on site which need to be properly closed? —L. WYes 0 No Structures (Lapoons.Holding Ponfls. Flush Ilits. etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Yes J9 No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Freeboard(11): ...... ........... ....... ......... ................. ......... .......... ............. .......... 10, Is seepage observed from any of the structures? ❑ Yes No 11. Is erosion, or any other threats to the integrity of any of the structures observed? Yes No 12, Do any of the structures need maintenance/improvement? 0 Yes .9 No (if any of questions 9-12 was answered yes, and the situation Poses an immediate public health or environmental threat, notify DWQ) 11 Do any of the structures lack adequate minimum or maximum liquid level markers? 19'Yes CR No Waste ADDlication 14. Is there physical evidence of over application? 0 Yes XNO (if in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type .... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 0 Yes ANO 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19. Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? .2L Did Reviewer/Inspector fail todiscim reviewlimpectinn with on -site representative? 22. Does record keeping need improvement? For Certified or Permitted Facilities, OnIv 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems blems noted which cause noncompliance of the Ceriified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? rT V-*.4-1,�#1-7—�.; n. �%AVIA!1-1111%.J[%;O. TV", "UIL.111r, LZ Ila, V A Att, CVU.VVJ ILA[ JLV%.UJL.Ve 1110 1"TERGIL Ac -kv 0 ,,1V11O;POOA1 IVAOC 0 Yes' A No El Yes No 0 Yes JO No El Yes jp No 11 Y.-. IRT NO 11 _W - * X Yes 0 No 0 Yes 0 No rl Yes 0 No C3 Yes 0 No i, A // 4e . /,0 7, S 44X, 7/25/97 Reviewer/Inspector Name Ui-i�?,,A 67, izo ,kr -,,��P. Reviewer/Inspector Signature:— A=44� Date: 12 13 Division of Soil and Water Conservation 00therAgency M Division of Water Quality J*Routine OComplaint 0 Follow-up_ of DSWC review 00ther Date of Inspection Facility Number a ai_ Time of Inspection 0 24 hr. (hh:mm) 0 Registered 0 Certified (3 Applied for Permit E3 Permitted 10 Not Operational Date Last Operated: ............... FarmNance: ................... ............ ......... .... ... ............ Owner Name: .............................................. Phone No: ............ . ............ - Facility Contact: ....... C.!X.............. ..... Title: ..... .......... ............................. Phone No: ..... ...... Mailing Address: ......................... S_ —12— OC2 Onsite Representative: ........... 'X.4.01K .... ................... .......... ........ ....... Integrator: .................. Certified Operator ......... 4?04"1.0�c ..... ........................ .................... Operator Certification Number ..................... Location of Farm. C Latitude =*=,=" Longitude =0 =' =11 M Current Design Current -1 il�" t", esigft� ttiCapacity P.. polmlatwli�� Poultry ,yoititio, wCapacity:� Wean to Feeder Feeder to Finish Farrow to Wean R 10 Other A Farrow to Feeder Farrow to Finish A 'Jitial Degikfi,�Capatjty' t Number 0 Gilts en, Boars 'o Lagoons "dinl( Ponds f��iig' /M61, Subsurface t]IIJ Lagoon Area 10 Spray Field Area Drains Present 10 No Liquid Waste Management System "N % y 4, General 1, Are there any buffers that need maintenance/improvetncnt? ❑ ❑ ❑ ❑ 0 Yes Wo 0 Yes KNO .0114- 2. Is any discharge observed from any part of the operation? Discharge Originated at: [] Lagoon 0 Spray Field 0 Other a. If discharge is observed, was the conveyance man-made? b If discharge is observed, did it reach Surface Water? (if yes, notify DWQ) . c. It'dischar e is observed, what is the estimated flow in gal/niin? d. Does discharge bypass a lagoon system? (Ifycs, notify DWQ) 5 3. Is there evidence of past discharge from any pan of the operation? A III - --4. ""S"to the waters of the State other than from a discharge? e— U_.'. " b 5. Does any part of the waste management system (other than lagoons/holding ponds) require maintenan /improvement? 6. Is facility not in conipliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7/25/97 there :..pacts ce rl Yes ONO 0 Yes 0FNO any I Yes NNo 0 Yes L�No yes KI.Nn lr4l — Yes RNo 0 Yes Q&No E3 Yes O&No Continued on back 2. Is any discharge observed from any part of the operation? Discharge Originated at: [] Lagoon 0 Spray Field 0 Other a. If discharge is observed, was the conveyance man-made? b If discharge is observed, did it reach Surface Water? (if yes, notify DWQ) . c. It'dischar e is observed, what is the estimated flow in gal/niin? d. Does discharge bypass a lagoon system? (Ifycs, notify DWQ) 5 3. Is there evidence of past discharge from any pan of the operation? A III - --4. ""S"to the waters of the State other than from a discharge? e— U_.'. " b 5. Does any part of the waste management system (other than lagoons/holding ponds) require maintenan /improvement? 6. Is facility not in conipliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7/25/97 there :..pacts ce rl Yes ONO 0 Yes 0FNO any I Yes NNo 0 Yes L�No yes KI.Nn lr4l — Yes RNo 0 Yes Q&No E3 Yes O&No Continued on back Facility Number: Z 8. Are there lagoons or storagc ponds on site which need to be properly closed? Structures (Lagoons, Rold ing Ponds, Fjgsh Ol.s. etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 ........................ ............. ......... 9 ....................... ...... - ................... __ .... .................................... ............................. . . Freeboard (ft): ...... 10. Is seepage observed from any of the structures? 11. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenance/improvement? (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? Waste_ Application 14. Is there physical evidence of over application? (if in excess of WMP, or runoff entering waters'of the State, notify DWQ) 15. Crop type r,.0 ......................... . ............... ....... ... ................ ........ ...... ................ .. 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19, Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 22. Does record keeping need improvement? For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? Oyes ©Na WT em Yes 0 No 93 Yes 0 No 0 Yes &T No &W 0 Yes W*No ............... ....... 0 Yes .. .............. JqNo 0 Yes XNo 13 No'vioilaitiohsivi &fidekie's*e'rei nio'tid,dufifig this'visit'� Noij:W.iH i6ce'i'vt,it&ftirtheri,,` , c0frOOOW600 tiboiitthis, visit*,',' 0 Yes [I No a - a 6, 7/25/97 S7� - -7 -) State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary KerrT. Stevens, Director November 29, 2000 AJ Linton DM Farms of Rase Hill LLC PO Box 1076 Lt V, e=- Rose Hill, NC 28458 AT44 • NCDENR NORTH CAROLINA DEPARTMENT 'OF ENVIRONMENT AND NATURAL RESOURCES DEC 0 6 2000 Subject: Application No. NCO086614 Additional Information Request Mag IV, Melville I & 2, Dell, DM Farms S I S4 EITEVILLE Sampson County Dear Mr. Linton: 9F�11. C!:F!CF The Non -Discharge Permitting Unit has conducted a preliminary review of the subject permit application package. Additional information is required before we may continue our review. Please address the following items no later than December 29, 2000. Please submit documentation (deed, corporation name change documentation. etc.) that cicarly documents the change of ownership of the above referenced farms. Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. Any oversights that occurred in the review of the subject application package are still the responsibility of the applicant. In addition, any omissions made in responding to the above items may result in future requests for additional information. Please reference the subject application number when providing the requested information and submit to my attention at the address below. Please note that failure to provide this additional information on or before the above requested date may result in your application being returned as incomplete. If you have any questions regarding this request, please do not hesitate to contact me at (919) 733-5083, extension 502. Thank you for your cooperation. Sincerely, e Homewood Non -Discharge Permitting Unit Cc: rEqyctte.N;ille-Rdgibniil-Offi�e—,-Water-Qualiiy—SEc-tiofiI Permit Application File NCO086614 1 1617 Mail Service Center, Raleigh, North Carolina 27699-.1617 Telephone 919-733-5083 FAX 919-715-6048 1 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NOTES FOR THE FILES INVESTIGATION CHRONOLOGY DM FARMS, MAG 4 FACILITY SAMPSON COUNTY Joe Albiston with the Nondischarge Compliance and Enforcement Unit contacted Paul Rawls Saturday ti4t:,ber 711000 13:1p.m. Albiston reported that he had received a call from the State Warning Point at 13:26. The call relayed that DM Farm; Mr. A.J. Linton had reported a spill of swine waste at the Mag 4 farm in Sampson County. Linton had indicated that the spill was discovered at 8:00 a.m. that morning (10/712000) by farm staff and that waste had not reached surface waters. Rawls contacted Linton at (910) 296-5086 and asked for details. Linton indicated that the spill had originated from a flush tank and that the spillage had not reached surface waters. Rawls traveled to the DM Farms Mag 4 facility that afternoon (10/7/2000) arriving at 3:55 p.m. The investigation revealed the following: -Rawls met with Mr. Linton. Mr. Linton again stated that waste had not reached to surface Waters. -Mr. Linton stated that the spill had resulted due to a contractor that had replaced valves on The flush tank In the confinement barn (the barn was the last barn nearest to the Secondary lagoon). -A very small amount of what appeared to be wastewater was pooled on the ground near the flush tank at the rear of the barn (est volume of the pooled waste Approximately 2 gallons) -Soil appeared to be wet/saturated and the spill appeared to have traveled from the end of the barn down a service road/driveway toward the primary lagoon. -a;vau ycu �ua�tia aa■ uau 0 u■atui rucudbt—bed kuiaws gas appvam su A. LP crust. "KAU i uu ) -Mr. Linton Indicated that he applied 600 lbs of granulated lime to the affected area. -The saturated soil was visually traced from the flush tank, along the service road/driveway to a point where the saturated soil left the road. The flow of the waste then appeared to travel downward to a ditch. The saturated soil appeared to travel to a point near but not in the ditch. -Further observations and discussions revealed that the efforts had been made to block the path of the waste from entering the ditch. -Samples were taken from: 1. A point between the primary and secondary lagoon 2. A point downstream of where the drainage feature between the lagoons entered a UT. Location was at a farm road crossing. 3. A point Upstream of the confluence of the drainage feature and the UT. 4. A point in a drainage ditch upstream of the point believed to be where the spill could have entered the ditch. The ditch had clear flowing water . 5. A point downstream of the point believed to be where the spill could have entered the ditch. The ditch had clear flowing water, no visible difference from sample point #4. Mr. Linton did not have an estimate of the volume of the spill at the time of the Investigation. I walked the path of the spill several times and could not trace the spillage all the way to the water. i Tr moss S IV - i lfJf7 R . ( #� � [}Y7'} fJ�J/1}(J�/ij ��/�Mj�j ._«._-__.__ .- ..._. u _ ... �� •bi�~ K'i k^�^,x°r "W'k�" � i ♦ mil � ���" iY V' •.f Y�r+,. X"�'?if.�'r-'SY "" ab '3 _ F t Sy;y.l�td 4>. T-I « .. • ..'!� ',' ML i �' i. r T 7 Y4 7 ,I 1 r R ! 7 �• .i t. 4 d:..e a. Liz �`. *� '�•ke,t f"�q'"S ,}may .ii,cr..6' �rh!' �'s,#� t� � k� `8� ... __ ., _ ... "t 1 4�5'3 'krn .� .rur��t.isy i?T�� w,tir,,,�c .se+u^iei•sn � ' gr.,y-. -. . .,)y,�•N�"Tk�w�k*k"sS" iin7� a+ r*;,rrsax'.^5� .+ka«ti<7�+-1t�+'4 hv�wx„�y.s,} ,..✓ fit 'ay.l.+. . , .. .. « . a... �... N A RO. Box 309 �Magnolia, N.C. 28453 EI-RN6`--���t��� M5321M Attn: Mr. Paul Rawls Regional Water Quality Supervisor NCDENR Division of Water Quality Fayetteville Regional Office 225 Green Street, Suite 714 Systel Bld. Fayetteville, NC 28301-5043 FAYME-viLLE REG. OFFICE Dear Mr. Rawls, I am responding to your requests as outlined in your notice of violation dated May 5, 2000 for Facility No. AWS 820077. The events that occurred on October 18, 1999 were a result of several factors. In the five weeks preceding, the facility had received in excess of 28 inches of rainfall. The impacts of Hurricane Floyd just one month before were particularly significant to both the sprayneld conditions and lagoon levels. We were making every effort to responsibly lower our lagoon levels and repair sprayfield erosion resulting from the storm. Land application was difficult, as soil conditions continued to present a challenge. In that particular event, an error was made in calibrating the + A . + - --t— t-- --A —C+Ie,-eel with the pump timer. This resul marullr, LL LU UIV UaV11 .cap �IU �L L11 JL11 LILV JJL4L11JJ U I IH LZU 11-1 Lh%, IJUL reel in time to change the gun arc and avoid a wooded area. This also resulted in the gun continuing to spray when fully retracted. si nce this event- I emp loyed the verviner. of an irriastio dealer ntiri qervinp tprhnirinn to evaluate our irrigation reels. I personally accompanied him in inspecting each of our reels. During this thorough inspection, speed compensation devices were checked, as well as all other components of the reel. This effort was made to insure all equipment is working properly and calibrations will be correct. We have also hired a land and nutrient management specialist to oversee our irrigation efforts. This is an added staff position for our organization to facilitate an even higher level of supervision. He has previously been employed with a swine integrator as irrigation manager and also has experience as a technical specialist. Additionally, the area which was saturated and ponding has been re -planted, but taken out of the waste plan and will not be irrigated. This will create a significant buffer. We sincerely regret this incident, and have spent a great deal of time and money in the last months to ensure that our equipment is operated properly. If you have any further questions, feel free to contact me at you convenience. I can be reached by pager at (910) 296-5965 or voice mail at (910) 289-6439 ext. 4423. Sinter y, 112 Terry ate Assistant Production Director' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY NCDENR FAYETTEVILLE REGIONAL OFFICE HAND DELIVERED (FORM B) JAMES 0, HUNT JR. F7- GOVERNOR TO: le r r:j Ma4 q bell j Ig 5 BILL HOLMAN SECRETARY DWQ Representative KERR T. STEVENS DATE TIME DIRECTOR For facilities that are identified with waste in their lagoon(s) below the level required to be maintained for structural stability but not adequate to also retain the 25 year, 24 hour rainfall even (typically 12 - 19 inches): 1. The producer will be required to submit a plan of action within 48 hours to lower and maintain the lagoon level to a point below that needed for both structural stability and the 25 year, 24 hour rainfall event. The plan should be forwarded to the Fayetteville Regional Office: Division of Water Quality 225 Green Street - Suite 714 Fayetteville, NC 28314 Phone: 910486-1541 Fax: 910486-0707 DWQ can not and will not condone any discharge of waste from the facility to the surface waters as part of the management plan. I DWQ can not and will not condone the land application of waste at levels above that specified by the facility's CAWMP or in violation of any other part of the CAWMP. 4. The producer should consider pump and haul to another facility, that can adequately manage the waste in accordance with its CAWMP, as part of their plan. 5. If the producers plan can not adequately demonstrate the ability to reduce the lagoon level below that required for both structural stability and the 25 year, 24 hour rainfall event within 30 days (or before the lagoon level is projected to rise to a level above that required for structural stability if less than 30 days) without the removal of animals from the facilities, then removal of animals must be a component of this plan. The number of animals removed must be to a level at which the producer can adequately demonstrate the ability to manage the lagoon level below the level needed for both structural stability and the 25 year, 24 hour storm event. bm 5, r. 1 5'.4 - q ho rre il M.,eludlel /? le I 125 GREEN STREET, SUITE 714 1 SYSTEL 131.0. FAYETTEVILLE, NORTH CAROLINA 20301-5043 PmoNg4to-486-1541 frAX910-406-0707 AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RKCVCLED/10% POST -CONSUMER PAPER State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13,1996 Tim Barnette Melville Farm #1 Rt I Box 268-E Magnolia NC 28453 SUBJECT: Operator In Charge Designation Facility: Melville Farm #I Facility ID#: 82-27 Sampson County F6717 a TY W 0.7,r, 7,=-- ON r,=:, �__ - - - - HLUE-WED MMEW Fi�yiz I , FEVILE RFo. Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026. Sincerely, A. Preston Howard, Jr., P7.-., hector Division of Water Quality cc, Fayetteville Regional Office Water Quality Files wvffik A" P.0, Box 276871 vp = Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-715-4 100 50% recycled/ 10% post -consumer paper Site Requires Immediate Attention: NO Facility No. - Fz -'a -7 I rwNc DATE: 1775 Time: / 4 : go - Farm Name/Owner: M ft I v; I I_t, 14a' v ovv a I 4400"Pk, )rz^4/yLl AaVt"_5 Mailing Address: 9-k i 13*x '2 13 5 A40.2,voi;oL. fic ;zV*53 County-. 'Sa Asa IV utegrator: Phone: On Site Representative: 13qeA,,,_ 0c- Phone: (910J .5732 — 23 3 1 Physical Address./Location: Vz / 1 17L3 Type of Operation: Swint Poultry Cattle Design Capacity: � ' 0 1 Z o , Number of Animals on Site: 4-, DEM Certification Number: ACE_ DEM Certification Number: ACNEW _ Longitude: Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour storm event '(approximately I Foot + 7 inches) (Yjeor No Acupl Freeboard: Ft. T Inches Was any seepage observed from the lagoon(s)? Yes or Was any erosion observed? Yes or(o Is adequate land available for spray? (T ji or No Is the cover crop adequate? (GPor No Crop(s) being utilized: C015.kl Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings') ( Zj� or No 100 Feet from Wells? (S) or No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes orlFa> Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes or�o Is animal waste discharged into water of the state by man-made ditch, flushing system, or other similar man-made devices? Yes orIfIf Yes, Please Explain. Does the facility maintain adequate waste management records (volumes of manure, land applied, spray irrigated on specific acreage with cover crop)? (Ni or No Additional Comments: Insnwtnr Name Sionaturp. cc: Facility Assessment Unit Use Attachments if Needed. Site Requires Immediate Attention': NO Facility No. - 172 - 29 0 0 4:410 lis 2=1 tj 9-011 190);P AN IM � M1 V 1 4KIJ M I to) Z5 a a DATE: 11 , 1995 FarmName/Owner: Moov;llc_ Fowv.,, 1No*-ptt!3 tc"TA40'l r"^4r Mailing Address: Rf- / 36)e 295 7-mr-letv IVC. 28373� 'County: fe=PyoAj btegrator: Phone: 'On Site Representative: Lieew"Wge_ Cke+,Lr- Phone: (9/0) 5 3 Z - 2 5&t Physical Address/Location: 52 1 943 Type of Operation: Swine Poultry — Cattle Design Capacity: i 2-o , Number of Animals on Site: DEM Certification Number: ACE_ DEM Certification Number: ACNEW�__. Latitude:_ Longitude:_ * _' 0 Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour storm event '(approximately I Foot + 7 inches) or No Actual Freeboard: /_Ft. _!.O_Inches Was any seepage observed from the lamn(s)? Yes or(S) Was any erosion observed? Yes or Is adequate land available for spray? �r No is the cover crop adequate? or No Crop(s) being utilized: CcKx s±a I Does the facility meet SC S minimum setback criteria? 200 Feet from Dwellings) dii or No 100 Feet from Wells? or No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or(93) Is animal waste land applied or spray irrigated within 25 Fact of a USGS Map Blue Line: Yes or(p Te A"so"al %arme*m tntew #%f #Ikm etftta k *"ft.%_."ftAmb .4;#^1% Fl.aekswn ea.etssw — similar man-made devices? Yes or If Yes, Please Explain. Does the facility maintain adequate waste management recorAs (volumes of manure, land applied, spray irrigated on specific acreage with cover crop)? (��Oor No Additional Comments: 0-/ ^ 9,-cj�; Rtve-fs Inspector Name Signature cc: Facility Assessment Unit Use Attachments if Needed. State of North Carolina Department of Natural Resources and Community Development Fayetteville Regional Office James G. Martin, Governor March 27, 1989 Mr. Ariel McLamb 1308-South West Boulevard Clinton, North Carolina 28328 RE: McLamb Lagoon #82029 Dear Mr. McLamb: William W. Cobey, Jr., Secretary Pursuant to the Dam Safety Law of 1967, an inspection of the above referenced dam was made by personnel of this office on March 15, 1989. Our records indicate that you are the owner of this dam located west of US 701 south of Clinton, NC in Sampson County. This dam is presently considered in the intermediate hazard classification because a failure of the dam could cause significant damage to downstream areas. The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce thp- risk of failure of such dams. to prevent injuries to persons, damage to property, and to insure the maintenance of stream flows. According to the above mentioned inspection, the dam was overtopping at the time of this inspection. Other than overtopping the dam appeared to be in good condition. Continued overtopping could result in a failure of the dam resulting in severe environmental damage and violation of other environmental regulations. Such violations could result in further enforcement actions. Although no specific problems were observed, the following items perti- nent to maintenance and operation of the dam are recommended: 1. Periodically remove trees less than about six inches in diameter and thick undergrowth from the slopes and crest of the dam. This will serve to (A) prevent the formation of a root system which might significantly increase seepage through the dam which could ultimately result in failure of the structure. (B) reduce the possibility of damage to the dam due to the uprooting of trees by wind or other natural causes, and (C) facilitate ease of inspection and increase the likelihood of early detection of more serious problems connected with the dam. 1%choyla Building, Suite 714, Fayetteville, KC. 28301.5043 • Telephone 9194861541 An Equal Opportunity Affirmative Action Employer Mr. McLamb Page 2 March 27, 1989 2. Periodically monitor the subject dam and appurtenant works with respect to elements affecting its safety. This is in light of the legal duties, obligations, and liabilities arising from the ownership and/or operation of a dam. 3. Activate pumps more often to prevent overtopping. The above recommendations were based upon a visual inspection of surface features of the dam only. The stability of a dam is also dependent upon subsurface forces such as settling and seepage which may change over time. Although we will continue to inspect your dam on a regular basis, it is recommended that you or your representative regularly inspect the dam to look for any unusual features on the embankment which may be surface expression of a problem within the dam. Most dam owners have received a Dam Operation and Inspection Manual to assist in maintaining their dam in a proper manner. If you have not received this manual and would like a copy, please contact me and one will be sent free of charge. In the event that a possible problem is found, you should contact a registered professional engineer or this office to inspect the dam. In order to help us keep our records up-to-date and therefore serve you better, please notify us concerning any changes in ownership. Your cooperation in this effort is greatly appreciated. Please be advised that all hazard classifications are subject to change due to the potential for future downstream development. If there are any questions or if we can be of any assistance, please contact us. S,4f A cere 11 y y C & ?_ oseph E. Glass, E.I.T. Regional Engineer Land Quality Section JEG/fbc cc: CMi:-ck--N&1:ind DIVISION OP ENVIRONMENTAL MANAGEMENT,' August .16,'1984 µ }. WEM0RANA0UM1 -TO: Lae Fl emi ng., Chief } • . , .• Water Quality 5ectlon • k: FROM M. J Noland, 'Regional' SuperIOR"INAL Wc.7svGc, ur x ! Fayetteville Regional Of fi4 A+R1 �'1 J. NOLAND {' k " SUBJECT. Concentrated Animal Feeding Operation . ., . M+cLanib Hog Farm ,i Clinton", North Carolina" x' 4 "..Simpson County • M1 1 n July 3, 1984, .t#�8 °�Rckamb Hag Farr ivas'M1again investigated by Mr.Grady., Hobson, Environmental Engineer. 'of this :office. Thp''Qrlgioall. investigation' - =revealed that thefacility had a direct discharge. from#the second stage lagoon , ,,,,--through several 2-inch-plasticr'plpes into an .unnamed' tr%utary which eventually '4"6— DA.I# #A�m&W Ptwnewt •,rl Aaf. ' 11P-C. Nnmr%ll ia+y*.ft wo, w.r.' 4•1%r' f!r.rtin• CA6iwl' b4ii^ w., '• 1 VTV0 .i ll%V INV%,FV V1UW call 4f IXIW%g V 1 UPO •• %P—.it fifiif/ TTii Wf 0, Vol,wou VQVQ i %;"I I% I METE. 1 .u' '.. �. sr•, -. Eas%.'. The, follow-up investigation revealed that the discharge pipes have norm been removod 'and the .second_ ,stage '1 agoon . has been. pumped campl etely dry;. ' Mr,* 'Ariel McComb Ahs "indicated t�iat .a 'two �2j,;foat freaeboardawill :be maintaned the waste:•lagoon from- now.:o Mr. 'McLamb •plans" to° land apply tha wastewater- to several nearby coastal burmud grass fields to be used as fertilizer..; The waste- -; water. is appl ied , by a solid set' lrriga•tion system. ` Based•on the fact that,the discharge to thdrsurfate waters has been eliminated, #' .a -i�_a• &..� tell a --A. ,dw�ww.�L�' .�J Ali L- i�w�..w i... w.J t-♦L_ 7-,�..�v� j J. t anu `LI1gi. a ;GIiU `tG'f' TUUlri TI'CCl uaru, wo 1 I wu Inalll0.01Iluu III 611a luyuu[139 anu Flu upparc111. water; quality violations were. recorded, At'is reco mendod; that -no further.actipn be'�Pf", takenon this matter. Investigation costs Mereminimal`.. :}* ' + ' irJY jj `{,}1j .i(/j,/�,/f(f�,,/// T 1' r .. �_ - ={`� � " ` , ' x -•• a `�{1. yy Y 1044 ENv. MANAGEMENT FAYEtTEVILLE REC, OFFICE Ile �� �� p ry GQ` �� � �,_ � PR ENV [}Ka1'�%CERTIFIED` MAIL +, [w, { - p,t ♦per (*/+++TM�'1➢ AGEMPMT/.^+w RETURN RECEIPT REQUESTED r - t.. ♦ _ • ' aOflr ! +f : � r �iy,,.i` r 1,. a Mr., Ariel ' McLamh 12$4.rC ` SunkAt ;Avaanu r Clinton, North.Carolina• 28328 $WJECT :Concentrated Animal '`Feeding',Operation ,McLamb Hoq Farm Sasr±sonCounty .." w Dear Mr. Lamb NrH � This 1 attar i 3 1"n', wR# �#ri utu 'tlw"sit vniwri.' i:r►n "0n p„ • tans ` 4 none i�f.A #j , M a r c 4)6. '1984 by members R 'the+. staff"` rt e� FayetteYllleQRegional Office, and determined 'to be a • concentrated �arnimsl feeding. Op'eratioin. This being the case, you should submit applications for an, NPDES iyisctiacgo. pemit' in- -accordance with'Title 1S* NCrAdtinistratiYe-Code 2H.0123 a_nd'adopted ederal, Regulations 40 CFR 124.82 (4)(?)(11)(12254 Winded). This ,,disigg4hation was "made bated on the faildwing consideration: Ahere . .,was,'a direct; discharge' of animal wasU,,fram the -waste stabilization' lagoon. by a man made +conveyance to,anunnamed tri�iutdry `which flows htd:�Rocky s a6h .y Creek, a class n, 5wiamp" .stream `"in 'the' Capes Fear v r 3asin, h, -If you }can` •perminently -el 1m6'a- to , the "discharge of wastewater ` to. th` `: surface waters within -.'sixty `(60) days from receipt of• th1s,"notice,,to, submit''' " permit applications, 4.'permit.,AWication.'will not'be required. If modifica- . tuns are necessary tt�' pper�imnsntly eliminate. the :discharge• of iastewater. to } f the surface `waters of the State "and , they cannot; ' or are not, ,compl;eted 'wi ttift .,suety, (60) dayt-of- receipt{ of this, -notice*''a •Perjnit application lust be submitted.For your information the"•folloWn *Items are ,eftlosed:, ' I. Coda of Federal Regulations. -Concentrated Anitrtal aF+eording a ,f Operations k a. 2. , Three-eop1es.of NPDES Permit„Application- Short Forwu: I1 you cannot permanently el iminate` -the ' dischar go within jsixty (60) d'ays°, the peirtwit`Appi icati+ans, will' be "processed, . Said Permit -wil I `contain a timi schedule `te' ding to, the-ompl+etiofi of construction of an,animal Waste manage-. meet' system not, discharging to -the .St, ate's •surface waters We know from past; Fr � `bxperience that excellent�adYise'With regards 'to managing`.Wmil, waste :may -be obtained ftp .the NC Stets ,University's "Department of Biological +end Agricul- tint Snninaar*ing at', ta101 7374975; - . 7 ; .. RAr ww • rMrr� rrrwrwrw r rg ♦, f " , V. Ari el McLaab Page `2 r'r� Permit, apP4licatichs_should be` tubmitted in dapi;icate to the Director,.~ �.".--� ltalei ht Division , f ronmWfa- 3Manag ent, P. 0.,Box 2760% g ; North Carolina . 27611.- . As istence 1f, f ,desired, can. be obtained by contacting W.* Grady Dobson in our Fayetteville -Regional Office at (919) 406.1541:`" L Should you have any questions 'regarding this;matter,"'da not hesitate to contact us* f t. Sincerely; 669n' l Signed: f r - W. LEE FLEA' IN,(;, JR.. i w W. Lee •Fleming', +fir. , Chief ` . Water Qual ityr Section , Attachments t ,, r cc: NCS01ioilogical'and Agricultural Engineering Farm Extension'Service ` ^I + X. tf r }: - M1, .. ;I. ^'.. #'• -. . , ... `{.. , , '�" ,yr`• � ,ram ,. • " r , it s.+ .. •'rr 4 4 •. ., - ?„ i r •* _ s - , . r r• � •{.. .'•rl=, t ,`J• ,., -- -.,• «.ter I .r' - fy, ,t ` • , . ' +,{ a r $ .. k'a rF + •i• •` -++ - iy1 " - • a r ;f 1, ►` r" ,r i ' • , . , 4.' - 4 - .. J i, • - + - .. • • r +. .. •a , . + • r r t S t 5 ` t • ( j . ` r ) �r V t r {r r CERTIFIES ;PAIL RETURN RECEIPT -REQUESTED Mr. Arie1. Mcl,amb 1234-C Sunset Avenue Clinton* orth.:Canrol !na 2828 SUBJECT. • Coiicentrated.Ari#mat Feeding a�paeratien ` McCk b Nog Farm ` Sampson Cooeby " Dear 'Mr.", NcLamb: This letter is to notify, you , that your,hog farm was ..investigated M a r cc h 23, 194 by. weirs of tits staff 0 theFay+�tty#ate Regia�nal. Officeand�detemined to,be a concentrated animal - feeding oper�tian. This being the ' case, -you should submit applications tor+' anf NPDES Discharge Permit in` : . Accordance with Title ,15 NC Administrativax Coda 2Ei.a0i23 and adopted: Fed al: Regulations 40•CFR lMi (a)(2)(11)(12264 amended),` Thin• dirsigndtion eras -made based on• the'-follow%q consideration: there , was `a direct `�d tscharge .of animal waste, from the waste stabilization lagoon - by - A tila.a`• eu. A% wnwue�tirsnwa ♦n. rsi� llnenrnnrf �w�i..i+ntiw'wis�rh #1two �ri�n Rne+lrv' ldAy►eh • 'iA ""W# 100%& i YYiIl IiiJ Ya4VM' ►o `'A . W494WWHP*- WW,40-%*f5Mi J Red y►f • awnrn •>.ew ♦wrrrrryj •5ws�rr Creek, a ctess "C Swamp"',stream in the Cape Fear a a Basin: `. w• if+ygq .can- permanently olimi_nat�e the discharge ' of wasterrater� to the surface waters within sixty bap)'days from,"-, raalr ceipt of this notice to submit - permit applications, a permit.appplication will not be'required. If modifica' " ,tions are necessary to, ge,State ermanently elimieata•the,discharp of wasteater to the surface waters of tand they cannot, orAare not completed within i sixty (60)- daky`s of receipt of this notice,' a Permmit 4ppl icatiori must be., submitted. For your -information the following.,items are enclos+eda .` 'l. Cade' of Federal Requlittans = Concentrated Animal Feeding. Operaettions,` ; 2. Three` `copies , of NPDES Permit Appl ication, - short Form B Y' -If you, cannot• pertaini�ntly eliminate tht:discharge within. sixty- (60) days, the Permit applications -will -be processed. Said Permit will Contaain a time ' schedule leading:to.,the completion of construction of an animal waste manage:' 6erit syste>am''not dischargin to the State's surface,- ems ke know from past experience -that excelUnt advise with'regards to• managing animal waster- may be obtained.- from the NC State Nniversity's, Department of Biological and Agricul- �tural Engineering at (919) 737.2675.. ; # ,10ft z*icki, 'vgt�.a)03 4'ur,,r`YJ ajrnIC;a:)n4� :t[♦'ITa�ClAgg4� yY:i'G'n of at „;dl nvht ,� 0 Ti ho.f loogc, # 0pil IL.#t.int) 01 nt st,:0r.A ;'r 'F��f �att <► rt <tios •'111#4P NfT .4 01t, t C tiz 2 : art $ ru � a r fry .trrr, 4tt?. o ►att� :5 a o�,taw 0rwE}'C':roo ` .Ert.Zr1g pro to u03, twjrD f"Is nr F70-311"r lrgxift/Zl; 31' aazab- r, "'taut r rt. ulmol."AVM qj#b tr:t vot q taIdI W J:3f' 'on' ?f tb, ^t. <o^t�r drib (i } 'A� 7.l L r;t0h, cmiuvi 93"31"rue: ••!`t',tt.�I a-��iCtJtCri #`ii" 'stot�:stCkt:�r� �`i3lfi';�'ftf`;"r:3f ftt, Jff��^r:E 01 'iwt`nlizat., Io vt�""tanfb 0r#1'w r:ts.Jr!: %-rsn.�:3 n `,,c �txal Icm va is finriz, �qf, Safi;; < 4 ';,o *al-fuir a oJ0.1► a Al cd IZIII a n * 9;�t iori e td* to ur To e;%4-cb. (W) Vx to :Snotan:: 0,115 "vitt., Ei'o1 otit notimxfolat 'luov. -Vol .bob1tr.'Llua _ r t►.a � i s�:irsat� o r*r.t a tr •� rs€� try i �� 0 3 fvmb-)l Io sbo; , T Trio! :tjorje Z:.o z)tgo3 tilt i f .it)rtwn'),j tafltl o soty H ;r7t r; rRtr..;�'crtta titti ti'rrrot eta' abn,,a:)0-fq gd.TT I v104ptitlrjts 3trri'A oles'l t iid-ns ar, o ri0tI;)cr*(Jcn0tI 3�) 104�40103 ostt 03.PfIMC-Of of0003Z jaraq t ayO wow! :)i< �L r�$�t't a���t"fkis 2' 4ri i wtt ud Icon mejaya �nykfl Oct > r !)V, vI Tcut t r~ FnF+---M,:v r of 2b"4t I.tji rlttvr aeivbr" err roaxy 3 crit bont,:'4X:� .f:Ai *1G1 111�11 G i f`T i r (}3r�yt 14`Y11- j f QMr• Permit. •ppll cations should bye ,submitted in duplicate too .the 6ir'ectore . Division of E v r ental ,:# atnag nt, P. _Oi� Bost 27687, Raleigh„ Horth.Ca►rollna- 21611. Asslil n �e j7 if, Wired, can be obtained bar contacting •Mr.' G riOy"Da s in our- FAyetteAlle Regional -,Office at I91g} 4AW641.. • Should yet have any questions regarding thin ratter, do not Aesf Ate, toy ` contactus. Sincerely# + 14. Lee Tl {emi ng, Jr.-, Chief r r4-�atgr.,.QudlIty Section. Am GU/fG , .r ` . +. ra. ' 1 ' `� t ri +�,• .- f . 4 fJ -,+ } a . Attachments ..... r�PCl1.1�iwl..wiwrl �at1 d .fr�E1#4"V`;nn4llMMmrinn `a "t c4-INICSy, V ■YSM'�j 4 w6 and; Ag 'rv-1�.; Farm Extension Sero, Ij — lF a '1 y �*�4 '/"i 4 + � � r r .: # t• }+` -. A 4 , ^ ,• 1, . i `F' • -+d � + � - WATER QUALITY SECTION OUT" COMA FIEW MO r December 1, 1976 MEMORANDUM To Mr. J. C: Bumgarner , Engineer Land Quality FROM: W. E. Long, Jr., Engineer Water Quality } SUBJECTs Wastewater Facilities* Swine Management System Mr. Arial McLamb Sampson County ; Reference is made to material submitted for subject rproject which was received In this office on November 30, 1976. Your +memo dated November 23, 1976, stated,that'subject,project was submitted for approval didir.the,Dam Safety Law. Since the height of -Dam #1 and Dam #2 is' { less than 15 ' ft: ; ie 1approval necessary under .the Dam Safety Law? �.. In any cases an application and additional information must be submitted for. a permit from Wetet'Quality. Permit applications are attached and additional information is needed on -the - Pertinent characteridtice of the wastes from the hog houses, the volume of each lagoon, the er- eelof,land±disposal, and the details of the land irrigation system. , The material received is being returned.so that the complete package including the completed applicatic"ns and additional information requested.may be,submitted to the South Central Yield'office in Fayetteville, Notth•C,Arolina,.for review and the ` preparation of a:si°tel,avaluation report with recommendations. 'The'complete package. will then be folvaidei'to this office for final review,,'. -and it satisfactory,a per-' mit will be prepared; fur the project. r, F k Enelosure Cc z VMr. Dennis Ramseyj. ti RLj r/im c- James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary WoM Farms Magnolia 4 1!10 Box 1076 1-kose Hill NC 28458 SUBJECT: Operator In Charge Designation Facility: Magnolia 4 Facility "_"T oz Sampson County, Dear Farm Owner: da A NOV 12 1996, FAYETTEVILLE RFn- OFFICE Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H ,0224 and may result in the assessment of a civil- penalty If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 919n33-0026. Sincerely A. Preston Howard, Jr.,-P-.Fr;4irector Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files P.O. Box 27687, w FAX 919-715-3060 Raleigh, North Carolina 27611-7687 V#C An Eaual Opporttinity/Affirmative Action Employer NOW Voice 919-715-4 100 50% recycled/ 1M. post -consumer paper Plan Amendment to Include S&WCC Chronic Rainfall Practices and Standards through March 31, 2000 1 If this facility can comply with its existing permit and CAWMP,it Must do so. 2 Temporary Addition of New Sprayfields (*) (Check appropiate boxes.) A. _acrekof cropland. Usftop type used: B. acres of hardwood woodland @ 100 Itis PAN / acre added. C. acres of pine woodland added @ 60 lbs PAN / acre added. 3 Summer Perennial Grass (Check appropriate box.) A. - Application window extended for 78.20 acres of perennial grass until first killing frost B. An additional 50 lbs of PAN applied to acres of perennial grass prior to killing frost 4 PAN application Increased for Small Grains & Winter Grasses to be harvested. (Check appropriate box.) A. PAN application increased up to 200 lbs per acre for 304.60 acres of small grains or winter grasses to be harvested, B. PAN application increased up to 150 lbs; per acre for acres of overseeded summer perennial included in 33. 5 Waste Analysis (Check appropriate box.) A. Prior to December 1st, 1999 the calculation of PAN will be based on a 35% reduction of the last analysis taken prior to the first 25 year 24 hour storm event. (Current waste analysis must be used after Dec. 1st.) B. use current waste analysis to determine PAN. 6 Reguired - Maximum Nitrogen Utilization Measures for Small Grains and Winter Grasses. A. Use of higher seeding rates, B. Timely harvest of forage to increase yield, and c. Irrigation during periods of warmer weather. 7 Reguired - Irrigation Management Techniques to Reduce Runoff and Ponding Potential, A. Making frequent, light irrigation applications, and B. Not irrigatioF, immediately before predicted rainfall. 8 The owner I manager is required to manage the movement of animals to and from the facility to minimize environmental impacts, ensure compliance with the facility's permit and amended CAWMP, and avoid discharge to surface waters, 9 Authorization to use the additional practices included in the amendment expires if a facility discharges to surface waters, Any discharge is a violation and may result in an enforcement action. 10 The owner I operator is required to keep records of all waste applications. 11 This revision must include a map or sketch of now land application areas. Facility Number 82-77 Ma IV;DeII;DM1 -4, Melville I&II Facility tAme A DM Farms Kra Facility Owner I ManagekKame (PRINT) Technic PeN ner / Manager Signature echnjal Specialist Signature D,ntp ■♦ Date 11130/99 This document must be filed at the SWCD office and be attached to the facilities CAWMP and be available for inspection at the facility (*) New temporary sprayfields must meet applicable buffer and setback requirements, Waste must not be applied to wetlands. 7 Q boo klicllael F, Eajjey' William G, Ross jr, Secretary North Carolina Dopartment of Environment and Natural Resources Gregory J. Thoupe, Ph,o, Acting Director Division of tiVateF Quality Q, J� -/ David Hulbert DM Farms P.O. Box 1076 Rose Hill, NC 28458 Febmary 26, 2002 SUBJECT: Groundwater Requirements NPDES Permit No. NCO086614 Waycross, Sampson County Dear Mr. Hulbert: The Division has completed review of the information related to the groundwater requirements of the subject permit. An evaluation of the groundwater flow conditions of the area in and around the Dell Farm spray field was conducted to determine the probable cause of nitrate levels in the private well located at 5151 Waycross Road. Measurements made in November of 2001 support the previous opinions stated by DM Farms that the flow direction of the groundwater and source area of the nitrate are not related to the Dell Farm spray field. The Division concludes that DM Farms has complied with the permit conditions relative to groundwater monitoring. Please continue to conduct the required monitoring specified in your permit. 11 you need add I t I ona I information or cl. a r! fic atl on, please contact me at ( 9 10') 4, 85 6 - 15) 4, 1. Sincerely Stephen . Barnhardt Regional Groundwater Supervisor Cc Paul Rawls Dennis Ramsey Ajoll Qr6EM Customer Service Division of Water Quality I Groundwater Section 1 i 800 623-7748 Suite 7 114i 225 Green Streeii Fayetteville, INIC f —UJU- 1 Phone: (910) 486-1541 Fax: (910) 486-0707 Internet: http'//gw.ehnr.state,nc,us State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr,, Governor Bill Holman, Secretary Kerr T. Stevens, Director June 21, 2000 XAr PinxiiA Lltdhart DM Farms P. O. Box 1076 Rose Hill, NC 28458 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANC) NATURAL RESOURCES Subject: NPDES Permit Number NC0086614 Map, 4 Sow, Melville I & 2, Dell and Section I Site 4 Swine Waste Management System Sampson County e,_, tt� Dear Mr. Hulbert: In accordance with your application received on June 7, 1999, we are forwarding this NPDES Permit issued to DM Farms, authorizing the operation of the subject animal waste and process wastewater collection, treatment, storage and land application system. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215. 1, Section 402 of the Clean Water Act, and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated May 9, 1994. This approval is for the operation of the existing animal waste management system including, but not limited in the management of nnimnl wwztp nnd nrpq-z %vm nr%vqctPntPr frnm the fnllv;na fnt-;l;t;Pv, XAnn A mited to, I _ _ k1. - ... b 1-5 1 Sow, Melville I & 2, Dell and Section I Site 4, located in Sampson County, with a total animal capacity of no greater than 4,400 sows, farrow to wean; 400 wean to feeder; and 27,280 feeder to finish and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). These facilities are located in a drainage area tributary to Six Runs Creek in the Cape Fear River Basin. The permit shall be effective from the date of issuance until May 31, 2005 Pursuant to this Permit, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in this Permit; the facility's CAWMP; and the Clean Water Act, and its implementing regulations, with no discharge of wastes to waters of the United States. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this Permit will require a modification to the CAWMP and this Permit and must be completed prior to actual increase in either wastewater flow or number of animals. Please pay particular attention to the additional monitoring requirements that are contained in Parts 111.2,111.3. and !V. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer 50% recycled/l 0% post -consumer paper NPDES Permit Number NC0086614 Page 2 Please be advised that any violation of the terms and conditions specified in this Permit or the CAWMP may result in the revocation of this Permit, and/or penalties in accordance with NCGS 143-215,6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this ni-rmit dit- nprmitt�i- miict nnniv fnr and nktn;n a nww normit Ppnotiml nt%"N�ntin"c mii.t ka 47,1.A t _J'F.'Y — _VVLNLlI- ..-" tl YLtatt Lr A—A—f—A 4JJtA AAA- — 1AA— ALL least 180 days prior to the expiration of the permit. This Pen -nit is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. This letter is considered part of the attached permit and must remain attached to the permit. If any parts, requirements, or limitations contained in this Pen -nit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such a request is made within 30 days, this Permit shall be final and binding. The subject facility is located in the Fayetteville Regional. The Regional Office Water Quality Staff may be reached at (910) 486-1541. If you need additional information concerning this Permit, please contact Dennis R. Ramsey at (919) 733-5083 ext. 528. Sincerely, Avy 1jaw" W Kerr T. Stevens cc: Murphy Family Farms Sampson County Health Department Sampson County Soil and Water Conservation District Fayetteville Regional Office, Water Quality Section Non -Discharge Compliance Unit Permit File NDPU EPA NPDES Permit Number NC0086614 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES k, W111 KIM IV, A-3INKTIEWETRX31 This permit shall be effective from the date of issuance until May 31, 2005. The permittee shall comply with the following specified conditions and limitations: AT011 allo I. PERFORMANCE STANDARDS DR 1. The animal waste collection and process wastewater, treatment, storage and application system operated under this permit shall be effectively maintained and operated as a non - discharge system to prevent the discharge of pollutants to waters of the United States or ditches. Application of waste at agronomic rates to terraces and grassed waterways is acceptable in accordance with Natural Resources Conservation Service (MRCS) Standards. Facilities which are designed, constructed and operated to contain all process generated wap,te water; nhis the nmoff from a 9.5-venr- 74-hnnr rainfall event for the loontinn of the facility and which are in compliance with their CAWMP; the Clean Water Act, and its implementing regulations; and this permit, which unintentionally discharge an overflow of process waste pollutants as a result of a storm event greater than the 25-year, 24-hour storm, will not be considered to be in violation of this permit. 2. No discharge shall result in a violation of the water quality standards established for the receiving waters as per 15A NCAC 2B .0200. The CAWMP is hereby incorporated by reference into this permit. New or expanding facilities are required to be certified prior to the stocking of animals. The CAWMP must be consistent with all applicable statutes, rules and standards in effect at the time of siting, design and certification of the facility. The permittee must assess, on an ongoing basis, the effectiveness of the implementation of the CAWMP. The Permittee must amend the CAWMP to address any changes needed to improve the management of the animal waste at the site. Any amendment to the CAWMP must be documented, dated, and included as part of the CAWMP. The CAWMP must be provided to the permit issuance authority or EPA, upon the request of either. Any violation of the CAWMP shall be considered a violation of this permit and subject to enforcement actions. A violation of this Permit may result in the Permittee having to take immediate or long term corrective action(s) as required by the Division of Water Quality (Division), or the Environmental Protection Agency (EPA). These actions may include modifying the CAWMP; ceasing land application of waste; removing animals from the farm; or the permit being modified, revoked and reissued, or terminated. 4. The facility may not be expanded above the capacity in this permit until a new permit reflecting the expansion has been issued. All activities authorized herein shall be consistent with the terms and conditions of this permit. NPDES Permit Number NCO086614 5. A copy of this Permit, certification forms, lessee and landowner agreements, and the CAWMP shall be readily available at the farm (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good condition and records shall be maintained in an orderly fashion, 11. OPERATION AND MAINTENANCE REQUIREMENTS The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated. 2. A vegetative cover shall be maintained on all land application fields and buffers in accordance with the CAWMP. No waste may be applied upon fields not included in the CAWMP. 3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop production. 4. Land application rates shall be in accordance with the CAWMP and the Clean Water Act and its implementing regulations. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application. 5. Application of animal waste onto land which is used to grow crops for direct human consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur following the planting of the crop or at any time during the growing season, or in the case of fruit bearing trees, following breaking dormancy. Application of animal wastes shall not occur within 30 days of the harvesting of fiber and food crops for direct human consumption that undergo further processing. 6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated into the soil within two (2) days after application on the land. This requirement does not apply to no -till fields, pasture, or fields where crops are actively growing. 7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, storage and application system. of stock trailers, owned by and used to ft-nnot%rpt t— 4 from _�.Ojjw.v L� ull� 11 ul .1 '1110 farm only, will be permissible as long as the system can accommodate the additional volume. Only those detergents and disinfectants that are labeled by the manufacturer as readily biodegradable may be utilized. 8. Disposal of dead animals shall be done in accordance with the North Carolina Department of Agriculture and Consumer Services (NCDACS) Veterinary Division"s regulations. 9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the animal waste lagoons and storage ponds to prevent any unnecessary addition to the liquid volume in the structures. K, NPDES Permit 'Number NCO086614 10. A protective vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept mowed. 11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance with a CAWMP and the Clean Water Act and its implementing regulations, When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to lagoon dikes and liners. 12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 13. The facility must have at least one of the following items at all times (a) adequate animal waste application and handling equipment, (b) a tease, or other written agreement, for the use of the necessary equipment, (c) a contract with a third party applicator capable of providing adequate waste application, or (d) a contract for the purchase of the equipment. Equipment shall be capable of meeting permit condition 11(4). 1 i, R NO El i 11 111111111 1 li'll i 111 i•1, Fil i•1 � 1•oil, 5104 An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted at a frequency to insure proper operation but at least monthly and after all storm events of greater than one (1) inch. For example, lagoons, storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Any major structural repairs (to lagoons or waste storage ponds) must have written documentation from a technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, no technical specialist approval is necessary (i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or decreased), etc.]. 2. In addition to the facility's existing lagoon waste -level gauges, automated lagoon waste - level monitors and recorders (monitored and recorded at least hourly) must be installed on all treatment and storage lagoons covered by this permit. This equipment must be property maintained A +CA +:___ 'M:_ -..+---+-A _+ t :_ %A anu callbraL Val all 'A 11LIa �.4UIFM%AIL 111UOL Vlwe III place no later than 90 days following the issuance of this permit. 3. An automated rain gauge and recorder must be kept on site to measure and record all rainfall events. This equipment must be properly maintained and calibrated at all times. 4. 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 Pen-nittee for a minimum of three years and shall De made availaote to the Division or EPA upon request. 5. 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 Zinc Phosphorous Copper ki NPDES Pen -nit Number NCO086614 6. If, for any reason, there is a discharge from the animal waste and process wastewater collection, treatment, storage and application systems (including the land application sites), to waters of the United States, the permittee is required to make notification in accordance with Condition Ill. 9, The discharge notification shall include the following information: a. Description of the discharge: A description and cause of the discharge, including a description of the flow path to the receiving water body. Also, an estimation of the volume discharged. b. Time of the discharge: The period of discharge, including exact dates and times, and, if not corrected, the anticipated time the discharge is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the discharge. c. Cause of the discharge: If caused by a precipitation event(s), information from the onsite rain gauge concerning the size of the precipitation event, d. Analysis of the waste: A copy of the last waste analysis conducted as required by Condition 111. 4. above. 7. In the event of any overflow or other discharge from the animal waste and process wastewater collection, treatment, storage and application systems (including the land application sites), the following actions must be taken: a. Analysis of the discharge: All overflows or other discharges must be sampled and analyzed. Samples must be, at a minimum, be analyzed for the following parameters: fecal coliforin bacteria; five-day biochemical oxygen demand (BOD5); total suspended solids (TSS); total phosphorus as phosphorus; dissolved phosphorus as phosphorus; ammonia -nitrogen as nitrogen; TKN as nitrogen; nitrate; pH; and temperature. b. Sampling procedures: Samples shall consist of grab samples collected from the over -flow or discharge. A minimum of one sample shall be collected from the initial discharge (within 30 minutes). The sample shall be collected and analyzed in accordance with EPA approved methods for water analysis listed in 40 CFR 136. Samples collected for the purpose of monitoring shall be representative of the monitored discharge. Monitoring results must be enlimiffotl to r•1;4rieinn xv;+k;n 'Zf) rave c. Reasons for not sampling: If conditions are not safe for sampling, the permittee must provide documentation as why samples could not be collected. For example, the permittee may be unable to collect samples during dangerous weather conditions (such as local flooding, high winds, hurricane, tornadoes, electrical storms, etc.). However, once dangerous conditions have passed, the permittee shall collect a sample from the retention structure (pond or lagoon). 8. All records required by this permit and the facility's CAWMP, including but not limited to soil and waste analysis, rain gauge readings, freeboard levels, irrigation and land application event(s), cropping information and removal of solids to an off -site location(s) 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 Division and shall be readily available for inspection. The permittee shall also furnish to the Division or EPA upon request, copies of records required to be kept by this permit. Cl WrINT-T-T-W, 9. Regional Notification: The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: a. Failure of any component of the animal waste collection, treatment, storage and land application system resulting in a discharge to waters of the United States. b. Any failure of the animal waste and process wastewater treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal waste, process wastewater and/or sludge. c. A spill or discharge from a vehicle transporting animal waste, process wastewater or sludge to the land application field which results in, a discharge to waters of the United States or an event that poses a serious threat to waters of the United States. d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment. C. A allurc to 111allitaLit 0LVIa6-- 4�"JJOWLv 111 0 Ia6VVI1IbLVI4arC; greater required in Condition V (3) of this Permit. a C; Wall V1 uqUal LU WaL f. Overapplying animal waste or process wastewater either in excess of the limits set out in the CAWMP or where runoff enters waters of the United States. g. Any discharge that bypasses a lagoon/storage pond resulting in a discharge to waters of the United States or that poses a serious threat to the environment. For any emergency which requires immediate reporting after normal business hours, please contact the Division of Emergency Management at 1-800-858-0368. The Permittee shall also file a written report to the appropriate Division Regional Office within 5 calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the nroblem does not recur. The requirement to file a written renort may not he waived by the Division Regional Office. 10. An annual certification report shall be filed with the Division by March I of each year for the previous year's activities on forms provided by the Division certifying the facility was in compliance with the terms of this permit and the CAWMP. It- the facility was not in compliance, the annual certification must be used to summarize all the violations during the previous year and explain the current compliance status of the facility. 11 in thi- -v,-nt of n r1;cP1inrn,- of 1 Wo onlInne nr mnrA of nn;mc3l %*vavfc fr% th.- ciirf',joo %xinte-ra a as ... ...- - I -... — - — . I --- — --.- — ..... — 11—W — — of the State, the permittee must issue a press release to all print and electronic news media that provide general coverage in Sampson County setting out the details of the discharge. The press release must be issued within 48 hours after it is determined that the discharge has reached the surface waters of the State. A copy of the press release and a list of the news media to which it was distributed must be kept for at least one year after the discharge and must be distributed to any person upon request. 12. In the event of a discharge of 15,000 gallons or more of animal waste to the surface waters of the state, a public notice is required in addition to the press release described above. The public notice must be placed in a newspaper having general circulation in Sampson County and the county immediately downstream within 10 days of the discharge. If a discharge of 1,000,000 gallons of wastewater or more reaches surface waters- the DWO repional office must he contacted to determine in what additional counties, if any, a public notice must be published. A copy of all public notices and proof 9 NPDES Permit Number NCO086614 Of publication must be sent to the DWQ within 30 days of the discharge. The minimum content of the notice is the location of the discharge, estimated volume, water body affected, steps taken to prevent future discharges and a phone number and contact name. unjfimii 11111 �:� �:'Iii � I 1111 1! 11 i i iiiii�I�j� -.4jigigg Within 90 days of permit issuance, five (5) monitor wells, designated as MW-1, MW-2, MW-3, MW-4 and MW-5 shall be installed to monitor groundwater quality in the general locations of the spray fields and as shown on Attachment A. The wells shall be constructed such that the water level in the well is never above or below the screened (open) portion of the well at any time during the year. The monitor wells shall be located at the Review "Bound'ar-i O"A nnnotrllntoA 11,1+'k fl;� _4 —A A0L VVIVJI L1110 F11111L, c"'%A "FF'vvu%A by the Fayetteville Regional Office. 2. All wells that are constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 2C .0108 (Standards of Construction for Wells Other than Water Supply) and any other state and local laws and regulations pertaining to well construction. I The Fayetteville Regional Office, telephone number (910) 486-1541 shall be notified at least forty-eight (48) hours prior to the construction of any monitoring well so that an inspection can be made of the monitoring well location. Such notification to the regional groundwater supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding state holidays. 4. Within thirty (30) days of completion of all well construction activities, a certification must be received from a professional engineer or a licensed geologist certifying that the monitoring well(s) are located and constructed in accordance with the Well Construction Standards (I 5A NCAC 2C) and this permit. This certification should be submitted with copies of the Well Completion Form (GW-1) for each well. Mail this certification and the associated GW-1 forms to the Department of Environment and Natural Resources, Water Quality Division, Groundwater Section, Permits and Compliance Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. For the initial sampling of the wells as specified elsewhere in the permit, the permittee shall submit a copy of the GW-I Form (Well Completion Form) with the Compliance Monitoring Form (GW-59) for each well. Compliance Monitoring Forms that do not include copies of the GW-1 form will be returned to the permittee without being processed. Failure to submit these forms as required by this permit may result in the initiation of enforcement activities pursuant to NC General Statutes 143-215.6. 6. Within five (5) days of completion of the monitor wells, all of the monitor wells shall have their wellheads secured in order to prevent access by hand. This restriction of access may be accomplished by attaching a padlock, which would secure a metal well cap to the protective casing, or by some other means acceptable to the Groundwater Section. Each well shall be further secured by placing a compatible water tight cap or seat onto the riser pipe in order to prevent potential contamination from entering the wells. 7. Within sixty (60) days of completion of the monitor wells, the permittee shall submit two original copies of a scaled topographic map (scale no greater than 1 ":400') signed and sealed by a professional engineer or a state licensed land surveyor that indicates all of the following information: a. the location and identity of each monitor well (noting longitude and latitude), b. the location of all components of the waste disposal system, 6 c. the location of all property boundaries, d. the latitude and longitude of the established horizontal control monument, e. the relative elevation of the top of the well casing (which shall be known as the "'measuring point"), and 1. the Ucpt1h of water bellow Lll%; llK;aZULll% jJV111L at the LILIK; Lill;-, ILIVabUill1r, PVlllt is established. This survey shall be conducted using approved practices outlined in North Carolina General Statutes Chapter 89C and the North Carolina Administrative Code Title 21, Chapter 56. The surveyor shall establish a horizontal control monument on the property of the waste disposal system and determine the latitude and longitude of this horizontal control monument to a horizontal positional accuracy of +/-10 feet. All other features listed in a. through e. above shall be surveyed relative to this horizontal control "" .,. I ro I V . , . Al I 1 1. 1 monument. I he positional accuracy of features listed in a. through e. above shall nave a ratio of precision not to exceed an error of closure of I foot per 10,000 feet of perimeter of the survey. Any features located by the radial method will be located from a minimum of two points, Horizontal control monuments shall be installed in such a manner and made of such materials that the monument will not be destroyed due to activities that may take place on the property, The map shall also be surveyed using the North American Datum of 1983 coordinate system and shall indicate the datum on the map. All bearings or azimuths shall be based on either the true or NAD 83 grid meridian. If a Global Positioning System (GPS) is used to determine the latitude and longitude of the horizontal control monument, a GPS receiver than has the capability to perform differential GPS shall be used and all data collected by the GPS receiver will be differentially corrected. The mans and anv supporting documentation shall be sent to the Department of Environment and Natural Resources, Water Quality Division, Groundwater Section, Permits and Compliance Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. The monitor wells shall be sampled initially after construction and thereafter every March, July, and November, for the following parameters: Water Level Nitrate (NO3) Total Ammonia Chloride 9. The measurement of water levels must be made prior to sampling for the remaining parameters. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. 10. The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality Monitoring: Compliance Report Form} by the Department of Environment and Natural Resources, Water Quality Division, Groundwater Section, Permits and Compliance Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636 on or before the last working day of the month following the sampling month. 11. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L, Groundwater --CTa—ssifications and Standards. The Compliance Boundary is for the disposal system individually permitted after December 31, 1983 is established 7 NPDES Permit Number NC0086614 at either (1) 250 feet from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action in addition to the penalty provisions applicable under General Statute I A��nl e�f A � "I' 1'+,.) /-1 D DAka)k ). In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal systems midway between the Compliance Boun2ary- and the perimeter of the waste disposal area. Any exceedance of standards at the Review Boundary shall require remediation action on the part of the permittee. 12. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided. V. INSPECTIONS AND ENTRY The permittee shall allow an authorized representative of the Department or EPA, upon the presentation of credentials and other documents as may be required by law, to: a) Enter the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c) Inspect, at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, and d) Sample or monitor, at reasonable times, for the purpose of assuring permit compliance or as otherwise authorized by the Act, any substances or parameters at any location. V1. GENERAL CONDITIONS 1. The issuance this permit shall not relieve the Permittee of the responsibility for compliance with all applicable surface water and groundwater quality standards or for damages to surface waters or ground waters resulting from the animal operation. 2. The Permittee shall designate a certified animal waste management system operator to be in charge (01C) of the animal waste management system. The animal waste management system shall be operated by the 01C or a person under the OIC's supervision. 3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the 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 additional 1 foot of structural freeboard. 4. The Division may require any additional monitoring (including but not limited to groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of such waste upon the waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission requirements. NPDES Permit Number NCO086614 Any containment basin, such as a lagoon or storage pond, used for animal waste management shall continue to be subject to the conditions and requirements of this permit after closure of the animal feeding operation or non-use or abandonment of said containment basis. Closure of a containment basin, in accordance with the "Natural Resource Conservation Service (NRCS) North Carolina Interim Standard for Closure of Abandoned Waste Facilities," January 1997 or any subsequent amended, will cause said containment basin to no longer be subject to the requirements of this permit or the Clean Water Act. The permittee must submit a letter to the Division to reauest inactivation of the NPDES nermit Coverage by nroviding documentation describing the procedures taken to close any containment basin. Closure shall also include notifying the Division and submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to Water Quality Section, Non -Discharge Branch within 15 days of completion of closure. 6. This permit allows for the distribution of manure up to 4 cubic yards per visit to individuals for personal use. 7- The ksnance thi-, nermit rineq not eymme the. Permitte.e frnm the nhl;antinn to rnmnlv with all applicable statutes, rules, regulations, or ordinances (local, state, and federal), nor does issuance of this permit convey any property rights in either real or personal property. 8. The annual permit fee shall be paid by the Pertnittee within thirty (30) days after being billed by the Division. Failure to pay the tee accordingly constitutes grounds for revocation of this Permit. 9. Failure of the Pennittee to maintain, in full force and effect, lessee and landowner agreements which are required in the CAWMP, shall constitute grounds for revocation of this Permit. 10. This pen -nit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 11. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. The Pertnittee shall notify the Division immediately of any applicable information not provided in the permit application. 12. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Renewal applications must be filed at least 180 days prior to the expiration of the permit, 13. The Groundwater Compliance Boundary for the disposal system constructed after December 31, 1983, is established at either (1) 250 feet from the waste structures and from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste structures and the waste disposal area. If this facility was constructed prior to December 31, 1983, the Compliance Boundary is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to the requirements of 15A NCAC 21, and the Division in addition to the penalty provisions applicable under the North Carolina General Statutes. I NPDES Permit Number NC0086614 14. The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. a]. V11. PENALTIES 1. Failure to abide by the conditions and limitations contained in this permit; the facility's CAWMP; or the Clean Water Act, and its implementing regulations, may subject the Permittee to an enforcement action by the Division or EPA in accordance with North Carolina General Statutes including the modification of the animal waste management system, civil penalties, criminal penalties and injunctive relief. The Clean Water Act and 40 CFR Part 122.41 provide that any person who violates a permit condition is subject to civil penalties and administrative penalties. In addition criminal penalties including imprisonment are provided for falsifying data, knowingly violating a permit condition, or for negligence. 2. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. 3. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Vill. STANDARD PERMIT CONDITIONS A. General Conditions 1. Introduction: In accordance with the provisions of 40 CFR Part 122.41, et. seq., this permit incorporates by reference ALL conditions and requirements applicable to NPT)"S Permits set forth in the Clean Water Act, as amended, (hereinafter known as the "Act") as well as ALL applicable regulations. 2. Duty to Comply: The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation, and reissuance; and/or for denial of a permit renewal application. T Yip n Hutants: The nprmitfi-p ohn1l t-nmn1v AXAth Pffhipnt etmir6r] rde 5mMrrJ1;1-1it;"11S established under section 307(a) of the Act for toxic pol uiai�s;�Zn the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 4. Permit actions: This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 10 NPDES Permit Number NCO086614 5. Property rights: The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State/Tribal or local laws or regulations. 6. Duty to provide information: The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether :Sls "Jr1.* C. ..* cause ex' ' Jrfiouilyfl1g, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit. Criminal and Civil Liability: Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. Any false or materially misleading representation or concealment of information required to be reported by the provisions of the permit, the Act, or applicable regulations, which avoids or effectively defeats the regulatory purpose of the Permit may subject the Permittee to criminal enforcement pursuant to 18 U.S.C. Section 1001. 8. State/Tribal Laws: Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State/Tribal law or regulation under authority preserved by Section 510 of the Act. 9. Severability: The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. B. Proper Operation and Maintenance I . Need to halt or reduce activity not a defense: It shall not be a defense for a permittee in an enforcement action to plead that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit, 2. Duty to mitigate- The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. u . The permittee shall, at all times, properly operate and .3 Proper operation an' maintenance: T Etee maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes the operation of backup or auxiliary facilities or similar sv-,tetri-, only when nece.-,-,,qry to whieve nomnfinnne with tlu-- m, conditions of the permit. C. Monitoring and Records Representative sampling: Samples and'measurements taken for the purpose of monitoring shall be representative of the monitored activity. 2, Retention of records: The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at I I NPDES Permit Number NCO086614 least three years from the date of the sample, measurement, report, or application. This period may be extended by request of the Director at any time. 3. Record content: Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b, The individual(s) who performed the sampling or measurements; c. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses-, e. The analytical techniques or methods used; and f. The results of such analyses. 4. Monitoring procedures: a. Monitoring must be conducted according to test procedures approved under 40 CFR Part 136, unless other test procedures have been specified in this permit or approved by the Director. b. The permittee shall calibrate and perform maintenance procedures on all monitoring and analytical instruments at intervals frequent enough to insure accuracy of measurements and shall maintain appropriate records of such activities. c. An adequate analytical quality control program, including the analyses of sufficient standards, spikes, and duplicate samples to insure the accuracy of all required analytical results shall be maintained by the permittee or designated commercial laboratory. D. Reporting Requirements 1. Anticipated Noncompliance: The permittee shall give advance notice to the Division of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 2. Other information: Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Division, it shall promptly submit such facts or information to Division. E. Signatory requirements All applications, reports, or information submitted to the Division shall be signed and certified as 1. All permit applications shall be signed as follows: a. For a corporation: By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: i. A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision -making functions for the corporation; or, ii. The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. IR NPDES Permit Number NCO086614 b. For a partnership or sole proprietorship: By a general partner for a partnership or the proprietor, respectfully. c. By the co-permittee. 2. All reports required by the permit and other information requested by the Division or EPA shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: a) The authorization is made in writing by a person described above; b) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or any individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or an individual occupying a named position; and, c) The written authorization is submitted to the Division. F. Certification Any person signing a document under this section shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 25-year, 24-hour rainfall event means the maximum 24-hour precipitation event with a probable recurrence interval of once in 25 years, as defined by the National Weather,Service in Technical Paper Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or equivalent regional or state rainfall probability information developed therefrom. Animal feeding operation means a lot or facility (other than an aquatic animal production facility) where the following conditions are met: (i) animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and (ii) crops, vegetation, forage growth, or post -harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single animal feeding operation if they adjoin each other, or if they use -a common area or system for the disposal of wastes. Ground water means any subsurface waters. Land application means the application of wastewater and waste solids onto or incorporation into the soil. Process wastewater means any process -generated wastewater and any precipitation (rain or snow) which comes into contact with any manure, litter or bedding, or any other raw material or intermediate or final material or product used in or resulting from the production of animal or poultry or direct products kl1 .g. milk, eggs" I. 13 NPDES Permit Number NC0086614 Process -generated wastewater means any water directly or indirectly used in the operation of a feedlot for any of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning or flushing pens, barns, manure pits, or other feedlot facilities; direct contact swimming, washing or spray cooling of animals, and dust control. The Act means Federal Water Pollution Control Act as amended, also known as the Clean Water Act as amended, found at 33 USC 1251 et seq. Toxic pollutants means any pollutant listed as toxic under Section 307(a)(1) of the Act. Waters of the United States means: (1) all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; (2) all interstate waters, including interstate wetlands; (3) all other waters such as intrastate lakes, rivers, and streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: which are or could be used by interstate or foreign travelers for recreational or other purposes; from which fish -or stlellrl' co.11A 1— +�I_ _4 1 ol" t, Ll 111101i "I UL%A V%�, LCAM,11 "ILIA 0 " III I&IL%1I0L(AL%1 Wk IVk%'Ir'LL VL, VVIII%oll "1%, V1 %,VUI%A Ue used for industrial purposes by industries in interstate commerce; (4) all impoundments of waters otherwise defined as waters of the U.S.; (5) tributaries of waters identified in (1) through (4) of this definition; (6) the territorial sea; and (7) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in items (1) through (6) of this definition. This Permit issued the 21 st day of June 2000. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission NPDES Permit Number NC0086614 14 61v�p f��S[7Z[63 a �, low nITIMONLOWE To: Scott Gordon Roosevelt Childress From: Dennis Ramsey North Carolina Division of Water Quality Subject: Public Notice NPDES Permit No. NCO086614 Mag 4, etc. RECOVED CC" '1 12 1999 FR(EEVILLE REG. OF-RCE Please find attached a copy of the public notice for a public meeting on the subject permit. We are going directly to public meeting since we have already received 5 request fora meeting on the proposed permit. If you have any questions or if there is a need for any clarification, Please contact me at 919/733-5083 ext. 528 or fax 919/715-6048 or E-Mail at dennis—ramsey@h2o.enr.state.nc.us Thank you for your assistance. ' f NOTICE OF PUBLIC MEETING THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION SUBJECT: A public meeting has been scheduled concerning the proposed issuance of State NPDES Permit No. NCO086614 to DM Farms and Murphy Family Farms for swine facilities located at Mag 4 Sow, Melville I & 2, Dell and Section I Site 4. These existing facilities are located in Taylors Bridge Township, North Carolina in Sampson County and in the Cape Fear River Basin. PURPOSE: DM Farms and Murphy Family Farms have applied for a NPDES permit for the facilities described above. On the basis of preliminary staff revipw anti nnnflrnt;nn of Art;rh- ?1 r&('1)�kntpr 1AI rPv.nj-rn1 'Qtntiifoo n47 North Carolina, and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a State - NPDES permit subject to specific limitations and special conditions. The Director of the Division of Water Quality pursuant to NCGS 143-215. I(c) (3) and Regulation 15A NCAC 2H .0100 has determined that it is in the public interest that a meeting be held, to ,receive all pertinent public comment on whether to issue, modify, or deny the permit. HEARING PURPOSE: The meeting will be conducted in the following manner: 1. Explanation of the NC Environmental Management Commission's Permit Procedure by the Division of Water Quality. 2. Explanation of the action for which the permit is required by the Division of Water Quality. 3. Public Comment - Comments, statements, data and other information regarding the draft permit may be submitted in writing prior to or during the meeting or may be presented orally at the meeting. Persons desiring to speak will indicate this intent at the *;-- -r —_;n+—+— .+ A— wacxca4iran Q— fkn+ pll --- A—:--- to L1111L WX L Lr17"L I" "' ul%' OU UAC&L Q11 F%�IaVlla Wa1kX11r:, W speak may do so, lengthy statements may be limited at the discretion of the meeting officer. Oral presentations which exceed three minutes must be accompanied by three (3) written copies which Will be filed with the meeting clerk at the time of registration. 4. Cross examination 'of persons presenting testimony will not be allowed; however, the hearing officer may ask questions for clarification. 5. The hearing record will be closed at the conclusion of the meeting'. WHEN: November 18, 1999, 7:00 PM jr WHERE: Sampson County Agri -Exposition Center 414 Warsaw Road Clinton, North Carolina INFORMATION: A copy of the draft NPDES permit and a sketch showing the location of the facility is available by writing or calling: Ms. Thelma Williams Non -Discharged Branch NC Division of Water Quality - 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone number: (919) 733-5083, extension 556 Tbo nnA nfbor information is rm Gla at tb,- ni%r;c;r%n o4� Water Quality, ""�7�-�o-r,t-hS-,,alisbury Street, Room 925, Archdale Building, Raleigh, North Carolina and at the Division's Fayetteville Regional Office. They may be inspected during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments and requests regarding this matter should make reference to� application number NC0086614. Division of Water Quality I C rIT 1 2 1999 TO BE HELD BY FAYETTEVILLE ,9F THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMI 9NFICE SUBJECT: A public meeting has been scheduled concerning the proposed issuance of State NPDES Permit No. NC0086614 to DM Farms and Murphy Family Farms for swine facilities located at Mag 4 Sow, Melville I & 2, Dell and Section I Site 4. These existing facilities are located in Taylors Bridge Township, North Carolina in Sampson County and in the Cape Fear River Basin. PURPOSE: DM Farms and Murphy Family Farms have applied for a NPDES pen -nit for the facilities described above. On the basis of preliminary staff review and application,of Article 21 of Chapter 143, General Statutes of North Carolina, and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a State - NPDES permit subject to specific limitations and special conditions. The Director of the Division of Water Quality pursuant to NCGS 143-215. 1(c) (3) and Regulation 15A NCAC 2H .0100 has determined that it is in the public interest that a meeting be held to receive all pertinent public comment on whether to issue, modify, or deny the permit. HEARING PURPOSE: The meeting will be conducted in the following manner: 1. Explanation of the NC Environmental Management Commission's Permit Procedure by the Division of Water Quality. 2. Explanation of the action for which the permit is required by the Division of Water Quality. . 3. Public Comment - Comments, statements, data and other information regarding the draft permit may be submitted in writing prior to or during the meeting or may be presented orally at the meeting. Persons desiring to speak will indicate. this intent at the time of registration at the meeting. So that all persons desiring to speak may do so, lengthy statements may be limited at the discretion of the meeting officer. Oral presentations which exceed three minutes must be accompanied by three (3) written copies which will he filed with the meeting (-,It-.nkat the time af mai qtrntin" 4. Cross examination of persons presenting testimony will not be allowed; however, the hearing officer may ask questions for clarification. 5. The hearing record will be closed at the conclusion of the meeting. WHEN: November 18, 1999, 7:11 PM IMOVYINNE'llne's I - - Sampson County Agri -Exposition Center 414 Warsaw Road Clinton, North Carolina A copy of the draft NPDES permit and a sketch showing the location of the facility is available by writing or calling: Ms. Thelma Williams Non -Discharged Branch NC Division of Water Quality - 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone number: (919) 733-5083, extension 556 The application and other information is on file at the Division of Water Quality, 512 North Salisbury Street, Room 925, Archdale Building, Raleigh, North Carolina and at the Division's Fayetteville Regional Office. They may be inspected during normal office hours. Copies of. the information on file are available upon request and payment of the costs of reproduction. All such comments and requests regarding this matter should make reference to application number NC0086614. I Division of Water Quality iState of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Charlie T. McCullen Clerk of Court Main Street Cths Suite 114 Clinton, NC 28328 Dear Mr. McCullen: NA51 IN R�Ilmmh= Prior to issuance of an NPDES Permit, the Environmental Management Commission is required to give notice of the proposed action by posting a copy of the public notice at the courthouse in the county where the facility that would be covered by the proposed permit is located. Please post the attached public notice for a period of thirty days in those places usually set aside for this purpose. We greatly appreciate your assistance in this matter. If you need any additional information or clarification, please do not hesitate to contact Ms. Thelma Williams of our staff at (919) 733-5083 (ext 556). Sincerely yours, Dennis R. Ramsey, Assistant Chief Non -Discharge Branch Unit Attachment r-ANI n4M �M'3 n^4^ P.O. Box 29535, Raleigh, North Carolina 27626-0535 T elephone 9119 - 7033"5 0V 8 3 rMA V I V-1 00-VV I V An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director The Sampson Independent ATTENTION: Legal Ad Department P.O. Box 110 Clinton, NC 28329 Prior to the issuance of a NPDES Permit, the Environmental Management Commission is required to give notice of the proposed action by publishing a public notice in a newspaper having general circulation in the county where the facility to be covered by the Draft Permit is located. Please publish the attached Public ' Notice in your paper one time on November 13, 1999. Within ten days following publication, please send three copies of your invoice and two copies of the affidavits of publicationm to the following address: WATER QUALITY BUDGET OFFICE 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 The affidavits and invoices must be sent together to assure prompt payment. We greatly appreciate your assistance in this matter. If you need any additional information or clarification, please do not hesitate to contact Ms. Thelma Williams of our staff at (919) 733-5083 (ext 556). Sinter, Dennis R. Ramsey, Assist g rZtCh.jef Non -Discharge Branch 10310-111110 -7 C. 0 nrlr'�= n L. k1o.4" larolha I &,I& _n 0 n 0 "r-1-1. Q-1 Q_'713n_r-F%012 GAY , -4 1111 %.0 1 1 Vr -1 -1 %.f LJOX nale:1911 I _V %J�J'J�j I 010PI lone Cr 10 1 01.1 14VU0 r%^ .7 1 Q .011 1.7 0 -;;1 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 'State of North Carolina Department of Environment V and Natural Resourdes Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary NCDENR Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsouRcE:s (Date) Mr. David Hulbert DM Farms P. O. Box 1076 Rose Hill, NC 28458 Subject: NCO086614 Mag 4 Sow, Melville 1 & 2, Dell and Section I Site 4 Swine Waste Management System Sampson County Dear Mr. Hulbert: In accordance with your application received on June 7, 1999, we are forwarding this Permit issued to DM Farms and Murphy Family Farms, authorizing the operation of the subject animal waste and process trontmPnt ctnrnm- and Intirl annIii-atirm evetAm Tli;c normit is icciipel mirciinnt to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated May 9, 1994. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste and process wastewater from the following facilities: Mag 4 Sow, Melville I & 2, Dell and Section I Site 4, located in Sampson County, with a total, animal capacity of no greater than 4,400 sows, farrow to wean; 400 wean to feeder; and 27,280 feeder to finish and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). These facilities are located in a drainage area tributary to Six Runs Creek in the Cape Fear River Basin. The permit shall be effective from the date of issuance until (Date). Pursuant to this Permit, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in this Pen -nit; the facility's CAWMP; and the Clean Water Act, and its implementing regulations, with no discharge of wastes to waters of the - United States. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this Permit will require a modfin- cation to the CAVVW and this Permit and must 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 Permit or the CAV*rMP may result in the revocation of this Permit, or penalties in accordance with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer 50% recycled/ I V/o post -consumer paper NCO086614 Page 2 If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Renewal applications must be filed at least 180 days prior to the expiration of the permit. This Permit is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. This letter is considered part of the attached permit and must remain attached to the permit. If any parts, requirements, or limitations contained in this Permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in form of a written petition, conforming to Chapter 150E of the North Carolina* General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such a request is made within 30 days, this Permit shall be final and binding. The subject facility is located in the Fayetteville Regional Office. The Regional Office Water Quality Staff may be reached at (910) 486-1541. If you need additional information concerning this Permit, please contact Sue Homewood at (919) 733-5083 ext. 502. W A , 1111MITIM Kerr T. Stevens cc: Murphy Family Farms Sampson County Health Department Sampson County Soil and Water Conservation District Fayetteville Regional Office, Water Quality Section Non -Discharge Compliance Unit Po-.rmh Fib-, NDPU EPA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SWINE WASTE MANAGEMENT SYSTEM PERMIT This permit shall be effective from the date of issuance until (LDate). The permittee shall comply with the following specified conditions and limitations: I. PERFORMANCE STANDARDS DIRAFT 1. The animal waste collection and process wastewater, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non - discharge system to prevent the discharge of pollutants to waters of the United States or ditches. Application of waste at agronomic rates to terraces and grassed waterways is ek I" einx acceptable III 4"V1UdI14LAZ WILLI 114LUIdl 1\,1ZbL)UIVCb %-U111ht;1VdLIUII at:I-VICC kINNk'�>) Standards. Facilities which are designed, constructed and operated to contain all process generated waste waters plus the runoff from a 25-year, 24-hour rainfall event for the location of the facility and which are in compliance with their CAWMP; the Clean Water Act, and its implementing regulations; and this permit, which unintentionally discharge an overflow of process waste pollutants as a result of a storm event greater than the 25-year, 24-hour storm, will not be considered to be in violation of this permit. 2. , No discharge shall result in a violation of the water quality standards established for the receiving waters as per 15A NCAC 2B .0200. 3. The CAWMP is `hereby incorporated by reference into this permit. New or expanding facilities are required to be certified prior to the stocking of animals. The CAWMP must be consistent with all applicable statutes, rules and standards in effect at the time of siting, design and certification of the facility. The permittee must assess, on an ongoing basis, the effectiveness of the implementation of the CA)AW. The Permittee must amend the CAWMP to address any changes needed to improve the management of the animal waste at the site. Any amendment to the CAV32 must be documented, dated, and included as part of the CAVVW. The CAWMP must be provided to the permit issuance authority or EPA, upon the request of either. Any violation of the CAWMP shall be considered a violation of this permit and subject to enforcement actions. A violation ofthis Permit may result in the Permittee having to take immediate or long term corrective action(s) as required by the Division of Water Quality (Division), or the Environmental Protection Agency (EPA). These actions may include. modifying the CAWMP; ceasing land application of waste; removing animals from the farm; or the permit being modified, revoked and reissued, or terminated. 4. The facility may not be expanded above the capacity in this permit until a new permit reflecting the expansion has been issued. All activities authorized herein shall be consistent with the terms and conditions of this permit. 5. A copy of this Permit, certification forms, lessee and landowner agreements, and the CAWMP shall be readily available at the farm (stored at places such as the farm residence, office, outbuildings; etc,) where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good condition and records shall be maintained in an orderly fashion. f I The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated. 2. A vegetative cover shall be maintained on all land application fields and buffers in accordance with the CAWMP. No waste may be applied upon fields not included in the CAWMP. 3. Lime must be --plied, as neededto �^;l _TJ — 11— AAA%"AA""&A OVII I-rXA LI& "P., VjJt1J&1U4L1 range f6r.c.top production. 4. Land application rates shall be in accordance with the CAWMP and the Clean Water Act and its implementing regulations. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application. 5. Application of animal waste onto land which is used to grow crops for direct human consurn.0on (e.g., strawb- erries, 'melons, lettuce, cabbage, apples, etc.) shall not occur Ll following the planting of the crop or at any time during the growing season, or in the case of fruit bearing trees, following breaking dormancy. Application of animal wastes shall not occur within 30 days of the harvesting of fiber and food crops for direct human consumption that undergo further processing. 6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated into the soil within two (2) days after application on the land. This requirement does not apply to no -till fields, pasture, or fields where crops are actively growing. 7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, storage and application system. Washdown of stock trailers, owned by and used to transport animals to and from this farm only, will be permissible as long as the system can accommodate the additional volume. Only those detergents and disinfectants that are labeled by the manufacturer as readily biodegradable may be utilized. 8. Disposal of dead animals shall be done in , accordance with the North Carolina Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's regulations. 9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the , surrounding property and buildings shall be diverted away from the animal waste lagoons and storage ponds to prevent any unnecessary addition to the liquid volume in the structures. 10. A protective vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grew on the lagoon/waste storage pond ernbanIkunen.ft- All trek shall be removed in accordance with good engineering practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept mowed. 2 11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance with a CAWMP and the Clean Water Act and its implementing regulations. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to lagoon dikes and liners. 12. Lagoons/storage ponds ;hall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 13. The facility must have one of the following items at all times (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, (c) a contract with a third party applicator capable of providing adequate waste application, or (d) a contract for the purchase of the equipment. Equipment shall be capable of meeting permit condition 11 (4). AT4AN-PTJTA A %.f A*TTr_ ANTI 1TAA1 DV.;JAVAWA4L A Al 11�J AIL"%,4 T7T1QVXA;JV1rQL.7 L)K�t- TAI19rnD&IIA C&A%AD1rTVr_ D'Vf%aAA%A.JJ'AV 1. An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted at a frequency to insure proper operation but at least monthly and after storm events. For example, lagoons, storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or -discharge. Any major structural repairs (to lagoons or waste storage ponds) must have written documentation from a technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, -no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity, is not being increased or decreased), etc.]. 2. If not already installed at this facility, a waste -level gauge to monitor waste levels shall be installed within 60 days of issuance of this permit. This gauge shall have readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume, minimum liquid level at the bottom of the temporary liquid storage volume, top of the dam elevations. Where storage ponds are utilized, only a gauge indicating the maximum liquid level at the top of the temporary liquid storage volume and top of dam elevations need be installed. Caution must be taken not to damage the integrity of the liner when installing the gauge. Waste lagoon and storage I I 1_11 L- __ r___ -_ 1_ '1__ TN.' : I T�__ Pori, evels slidil uc "Zc'Viucu WIZCKLY U11 1U11115 Nuppilcu V1 appluvvu UY um L.,1visloft. rvr u 1 level gauges already installed, the gauge shall have at a minimum: readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume and minimum liquid level at the bottom of the temporary liquid qtoracre vohime_ 3. 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 Division or EPA upon request. 4. 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 Zinc Phosphorous Copper 5. If, for any reason, there is a discharge to waters of the United States, the permittee is required to make notification in accordance with Condition 111. 7. The discharge notification shall include the following information: 3 a. Description of the discharge: A description and cause of the discharge, including a description of the flow path to the receiving water body. Also, an estimation of the volume discharged. b. Time of the discharge: The period of discharge, including exact dates and times, and, if not corrected, the anticipated time the discharge is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the discharge. c. Cause of the discharge: If caused by a precipitation event(s), information from t-he nons, te rain gauge concerning the size of the pr L4tp1 Klt1 Vi1 -".-+ d. Analysis'of the waste: A copy of the last waste analysis conducted as required by Condition 111. 4. above. 6. In the event of any overflow or other discharge from the animal waste and process wastewater collection, treatment, storage and application systems, the following actions must be taken: A I a. Analysis of me discharge: All samples must be sampled and analyzed. Samples must be, at a minimum, be analyzed for the following parameters: fecal coliforin bacteria; five-day biochemical oxygen demand (BOD,); total suspended solids (TSS); . total phosphorus as phosphorus; dissolved phosphorus as phosphorus; ammonia -nitrogen as nitrogen; TKN as nitrogen; ► nitrate; pH; and temperature. b. Sampling procedures: Samples shall consist of grab samples collected from VWWO the over -flow' or discharge. A minimum of one sample shall be collected from the initial discharge (within 30 minutes). The sample shall be collected and analyzed inb accordance with EPA approved methods for water analysis listed in 40 CFR 136. Samples collected for the purpose of monitoring shall be representative of the monitored discharge. Monitoring results must be submitted to Division wilubui n 330 nays. Reasons for not sampling: If conditions are not safe for sampling, the permittee must provide documentatiuon as why samples could not be it -, rn-n i--. dilring collected. For e nmple- the nt-rmi ee may be unable to collect a I dangerous weather conditions (such as local flooding, high winds, hurricane, tornadoes, electrical stones, etc.). However, once dangerous conditions have passed, the perinittee shall collect a sample from the retention structure (pond or lagoon). 7. All records, including but not limited to freeboard levels, irrigation and land application event(s) and removal of solids to an off -site location(s) 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 Division and shall be readily available for inspection. The permiade shall also furnish to the Division or EPA upon request, copies of records required to be kept by this permit. 8. Regional Notification: The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: a. Failure of any component of the animal waste collection, treatment, storage and land application system resulting in a discharge to waters of the United States. .9 b. Any failure of the animal waste and process wastewater treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal waste, process wastewater and/or sludge. c. A Spill or discharge from a vehicle transporting animal waste, process wastewater or sludge to the land application field which results in, a discharge to waters of the United States or an event that poses a serious threat to waters of the United States. d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment. e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V (3) of this Permit. f. Overapplying animal waste or process wastewater either in excess of the limits set out in the CANVMP or where runoff enters waters of the United States. g. Any discharge that bypasses a lagoon/storage pond resulting in a discharge to waters of the United States or that poses a serious threat to the environment. For any emergency which requires immediate reporting after normal business hours, please contact the Division of Emergency Management at 1-800-858-0368. The Permittee shall also file a written report to the appropriate Division Regional Office of the occurrence within 5 calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the Division Regional Office. 9. A rain gauge must be kept on site and properly maintained. A log of all measurable rainfall events must be kept by the facility operator/owner. 10. An annual certification report shall be filed with the Division by March I of each year for the previous year's activities on forms provided by the Division certifying the facility was in compliance with the terms of this permit and the CAWMP. If the facility was not in compliance, the annual certification must be used to summarize all the violations during the previous year and explain the current compliance status of the facility. AL WM IV. INSPECTIONS AND ENTRY IT, The permittee shall allow the Department or EPA, or an authorized representative of the Departmant or EPA, upon the presentation of credentials and other documents as may be required by law, to: a) Enter the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b) Have access to and copy, at reasonable times, any records that must be kept I under the conditions of this permit; c) Inspect, at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, and d) Sample or monitor, at reasonable times, for the purpose of assuring permit compliance or as otherwise authorized by the Act, any substances or parameters at any location. R V. GENERAL CONDITIONS 1111I)PRAFT I The issuance this permit shall not relieve the Permittee of the responsibility for compliance with all applicable surface water and groundwater quality standards or for damages to surface waters or ground waters resulting from the animal operation. 2. The Permittee shall designate a certified animal waste management system operator to be in charge (OIC) of the animal waste management system. The animal waste ' management system shall be operated by the OIC or a person under the OICs supervision. 3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the 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 additional I foot of structural freeboard. [TAKE OUT NEXT SENTENCE IF NOT APPLICABLE] In addition to the above requirements, for new and expanding farms with lagoon designs completed after September 1, 1996, storage must also be provided for the heavy rainfall factor for lagoons without an outside drainage area. [TAKE OUT THIS PARAGRAPH IF NOT APPLICABLE] In the ease of lagoons/storage ponds in series that are gravity fed, the 25-year, 24-hour sto'nn event and/or the heavy rainfall factor storage requirements for the system may be designed into the lowest, lagoon/storage pond in the system. However, adequate freeboard must be designed into each of the upper lagoons/storage ponds to allow sufficient storage to prevent the waste level from raising into the structural freeboard while the storm water is draining into the lowest lagoon in the system. 4. The Division may require any monitoring (including but not limited to groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of such waste upon the waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission requirements. 5. Any containment basin, such as a lagoon or storage pond, used for animal waste management shall continue to be subject to the conditions and requirements of this permit after closure of the animal feeding operation or non-use or abandonment of said containment basis. Closure of a containment basin,. in accordance with the "Natural Resource Conservation Service (NRCS) North Carolina Interim - Standard for Closure of Abandoned Waste Facilities," January 1997 or any subsequent amended, will cause said containment basin to no longer be subject to the requirements of this permit or the Clean Water Act.The permittee must submit a letter to the Division to request inactivation of the NPDES permit Coverage by providing documentation describing the procedures taken to close any containment basin. Closure shall also include notifying the Division and submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to Water Quality Section, Non -Discharge Branch within 15 days of completion of closure. 6. This permit allows for the distribution of manure up to'4 cubic yards per visit to individuals for personal use. 7. The issuance this permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, or ordinances (local, state, and federal), nor does issuance of this permit convey any property rights in either real or personal property. 0 The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of this Permit. 9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements which are required in the CAWMP, shall constitute grounds for revocation of this Permit. 10. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. s c rir_c+__ --I., �,44L 4— fu_ .4 1 0 -3 —*1- -3 respect art vo urne o wastes Uescilueu III 'Llia P 11 L11 I I J-11- %.IV%. V111.Y VVLL11 LV UIV; naLLUV U I I L the application and other supporting data. The Permittee shall notify the Division immediately of any applicable information not provided in the permit application. 12. If the permittee wishes to continue an activity regulated by this pen -nit after the expiration ---on date of this permit, the permittee must apply for and obtain a new permit. Renewal applications must be filed at least 180 days prior to the expiration of the permit, 13. The Groundwater Compliance Boundary for the disposal system constructed after December 31, 1983, is established at either (1) 250 feet from the waste structures and .from the waste disposal area, or (2).50 feet within the property boundary, whichever is closest to the waste structures and the waste disposal area. If this facility was constructed prior to December 31, 1983, the Compliance Boundary is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to the requirements of 15A NCAC 2L and the .Division in addition to the penalty provisions applicable under the North Carolina General Statutes. 14. The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal .Regulations, I Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. V1. PENALTIES RAFT D** 1. Failure to abide by the conditions and limitations contained in this permit; the facility's CAWNT; or the Clean Water Act, and its implementing regulations, may subject the Permittee to an enforcement action by the Division or EPA in accordance with North Carolina General Statutes including the modification of the animal waste management system, civil penalties, criminal penalties and injunctive relief. The Clean Water Act and 40 CFR Part 122.41 provide that any person who violates a permit condition is subject to civil penalties, administrative penalties, and for falsifying, knowingly violates a permit condition, or for negligence criminal penalties including imprisonment. 2. The permittee must comply with all conditions of this permit. Any permit nonco—Han-ce constit-tes, a violation of the Act and is crrminric fr%r s-mPnrrAm,-nf aalafor Permit termination, revocation and reissua'n'ce, or mo*d`i`fica._tion;-o_r denial of 'perm --it' renewal application. VA 3. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. in Wo VII. STANDARD PERMIT CONDITIONS at H— DKKrT A. General Conditions 1. Introduction: In accordance with the provisions of 40 CFR Part 122.41, et. seq., this permit incorporates by reference ALL conditions and requirements applicable to NPDES Permits set forth in the Clean Water Act, as amended, (hereinafter known as the "Act") as well as ALL applicable regulations. 2. Duty to Comply: The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation, and reissuance; and/or for denial of a permit renewal application. '2T. The prmimi- -L-iv ' laeu.poll uLoUlLa IIIeILM. )IMAI 0,V1111JI_Y WILLI C;LLIUQ;IIL bLaLIUCUUb aLlU PIVIUUIUUllb established under section 307(a) of the Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 4. Permit actions: This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 5. Property rights: The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State/Tribal or local 6. Duty to provide information: The permittee shall ftu-nish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit- The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit. 7. Criminal and Civil Liability: Nothing in this permit shall be construed to relieve the . .1 I - I A n I . . 11 perrmitee from civil or criminal penalties for noncompliance. Any false or materially misleading representation or concealment of information required to be reported by the provisions of the permit, the Act, or applicable regulations, which avoids or effectively defeats the regulatory purpose of the Permit may subject the Permittee to criminal enforcement pursuant to 18 U.S.C. Section 1001. 8. State/Tribal Laws: Nothing in this permit shall be construed to preclude'the institution of any legal action or relieve the pen-nittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State/Tribal law or regulation under authority preserved by Section 514 of the Act. 9. Severability: The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8 IFUTM menTio MWI 1. Need to halt or reduce activity not a defense: It shall not be a defense for a permittee in an enforcement action to plead that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 2. Duty to mitigate: The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this* permit which has a reasonable likelihood of adversely affecting human health or the environment. Proper operation and maintenance: The permittee shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes the operation of backup or auxiliary facilities or similar systems only when necessary to achieve comnliance with the conditions of the permit. I C. Monitoring and Records I Representative sampling: Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. 2. Retention of records: The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report, or application. This period may be extended by request of the Director at any time. 3. Record content: Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; ;-A;-;A-IIWi ... U- -p-C-A +U- --l- - LLIU4VI;J"C"�0) VVIJW Ytiraavaaawu UM. O"AIIIJIL116 %J& c. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 4. Monitoring procedures: D"MAI"I a. Monitoring must be conducted according to test procedures approved under 40 Cr R Part 136, uniess other test procedures nave been specified in tMs pe=t or approved by the Regional Administrator. b. The permittee shall calibrate and perform maintenance procedures on allmonitoring and analytical instruments at intervals frequent enough to insure accuracy of measurements and shall maintain appropriate records of such activities. c. An adequate analytical quality control program, including the analyses of sufficient standards, spikes, and duplicate samples to insure the accuracy of A required analytical results shall be maintained by the permittee or designated commercial laboratory. D. Reporting Requirements 1. Anticipated Noncompliance: The permittee shall give advance notice to the Division of any planned changes in the permitted facility or activity which may result in noncompliance,,Aith permit requirements. 9 2. Other information: Where the permittee becomes' aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the [Permitting Authority], it shall promptly submit such facts or information to the permitting authority. E. Signatory requirements All applications, reports, or information submitted to the Division shall be signed and certified as follows: All permit applications shall be signed as follows: a. For a corporation: By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: i. A president, secretarv, treasurer, or vice-president of the corporation incharge of a princip- a-1 business function, or any other person who performs similar policy or decision -making functions for the corporation; or, ii. The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. b. For a partnership or sole proprietorship: By a general partner for a partnership -or the proprietor, respectfully. c. By the co-permittee. 2. All reports required by the permit and other information requested by the Division or EPA shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if - a) The authorization is made in writing by a persondescribed above; b) ot%orwrie-c- n" . ^. . _;+;__ U.11— responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or any individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or an individual occupying a named position; and, c) The written authorization is submitted to the Division. nQ��Tl: ftwaw F. Certification Any person signing a document under this section shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." G. Availability of Reports Any information submitted pursuant to this permit may be claimed as confidential by the submitter. If no claim is made at the time of submission, information may be made available to the public without further notice. 10 2-year, 24-hour rainfall event means the maximum 24-hour precipitation event with a probable recurrence interval of once in 25 years, as defined by the National Weather Service in Technical Paper Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or equivalent regional or state rainfall probability information developed therefrom. Animal feeding operation means a lot or facility (other than an aquatic animal production facility) where the following conditions are met: (i) animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and (ii) crops, vegetation, forage growth, or post -harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single animal feeding operation if they adjoin each other, or if they use a common area or system for the disposal of wastes. Ground water means any subsurface waters. Land application means the application of wastewater and waste solids onto or D incorporation into the soil. Process wastewater means any process -generated. wastewater and any precipitation (rain or snow) which comes into contact with any manure, litter or bedding, or any other raw material or intermediate or final material or product used in or resulting from the production of animal or poultry or direct products (e.g. milk, eggs). Process -generated wastewater means any water directly or indirectly used in the operation of a feedlot for any of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning or flushing pens, barns, manure pits, or other feedlot facilities; direct contact swimming, washing or spray cooling of animals, and dust control. The Act means Federal Water Pollution Control Act as amended, also known as the Clean Water Act as amended, found at 33 USC 1251 et seq. Toxic pollutants means any pollutant listed as toxic under Section 307(a)(1) of the Act. Waters of the United States means: (1) all waters that are currently used, were used in the nAQt Ar rnpv 6-- v1cn,-nfi'kIP to im- in intprctnb- r%r fnrP.;cYn t-_nmmP.rr.P innhul;na nII wnfo�?-c that are subject to the ebb and flow of the tide; (2) all interstate waters, including interstate wetlands; (3) all other waters such as intrastate lakes, rivers, and streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: which are or could be used by interstate or foreign travelers for recreational or other purposes; from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or, which are or could be used for industrial purposes by industries in interstate commerce; (4) all impoundments of waters otherwise defined as waters of the U.S.; (5) tributaries of waters identified in (1) through (4) of this definition; (6) the territorial sea; and (7) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in items (1) through (6) of this definition. 11 This Permit issued the - day of 1999. NORTH CAROLINA ENVIRONMENTAL MANAGEMtNT COMMISSION• Kerr T. Stevens,, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number NC0086614 - 12 10/060999 12:29 919-715-6048 State of North Carolina Department of Environment and Natural Resourdes Division of Water Quality James. B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director 1 W� P. 0. Box 1.07-6 Rose Hill, NC 28458 R r=Is a ECtVED *AM mom NCDENR NORTH CAROLINA DEPARTMENT OF EPQV1R0NMVM A040 NATURAI— (Dated 6 1999 FAYETTEVILLE 10*9 9EG. OFFICE, Dear Mr. Hulbert: Fax Note R7673 TO U i% M,Ax Fran VC008441 A P one# 9111733 .A-r C-1 Mag 4 Sow, Melville I & 2, Dell and Section I Site 4 Swine Waste Management System Sampson County In accordance with your application received on June 7, 1999, we are forwarding this Permit issued to DM Farms and Murphy Family Farms, authorizing the operation of the subject animal waste and process wastewater collection, treatment, storage and land application system. This permit is issued pursuant to the requirements of North Carolina Geneial Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated May 9, 1994, I his approval shall consist of the operation of this system including, but not limited to, the management of animal waste and process wastewater from the following facilities: Mag 4 Sow, Melville I & 2, Dell and Section I Site 4, located in Sampson County, with a total.animal capacity of no greater than 4,400 sows, farrow to wean; 400 wean to feeder; and 27,280 feeder to finish and the application to land as speci fie in the Cerfifierl A -;Mftl - Management 'I an (C4-0W11V1.L`Pr)'. r - --- -d Wast%. rX These facilities are located in a drainage area tributary to Six Rum Creek in the Cape Fear River Basin. The permit shall be effective from the date, of issuance until (Date). Puruant to this Permit, you are authorized and required to operate The system in conformity with the conditions and limitations as specified in this Permit; the facility's CAVVW; and the Clean Water Act, and its implementing regulations, 'with no discharge of waste's to waters of the United States. An adequate system for collecting and maintaining the required trionitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this Permit will require a modification to the CAVVMP and*this Permit and must 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 Permit or the CAWMP may result in the revocation of this Permit, or penalties in accordance with NCGS 143-215.6A through 143-215.6C including civil penalties, crintinal penalties, and injunctive relief. 1617 Mail Scrvice Center, Raleigh, North Carolina 27699.1617 Telephone 919-733-5083 An Equal Opportunity Affirmativt Action Employer 50%recycled/lo%post-consumer parer .10/061,1999 12, 29 919-715-6048 DWQ NON DISCHARGE BR PAGE 02 NCO086614 Page 2 If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for aiid obtain a new permit. Renewal applications must be filed at least 180 days prior to the expiration of "the permit. This Permit is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. Thisr.s "A letter is ide. - con d par~ of the attached permit and must remain attached to the permit. I If any parts, requirements, or limitations contained in this Permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in form of a wntten petition, C%onfbit—ming to Chapter 15-VB of the North Carolina'Gencral Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such.'a request is made within 30 days, this Permit shall be final and binding. The subject facility is located in the Fayetteville Regional Office. The Regional Office Water Quihty Staff may be reached at (910) 486-1541. If you need additional information concerning this Permit, please contact Sue Homewood at (919) 733-5083 ext. 502. Sincerely, Kerr T. Stevens cc: Murphy Family Farms Sampson County Health Department Sampson County Soil and Water Conservation District Fayetteville Regional Office, Water Quality Section XT- nit 140111 LoiscliArge Compliance u Permit File NDPU EPA I 06/.1999 12: 29 919-715-6048 DWG) NON DISCHARGE BR PAGE 03 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMSSION DEPARTMENT OF ENVIRONME 4T SWINE WASTE MANA6EMENT* SYSTEM PERMIT This permit shall be effective from the date of issuance until Mgtpl. The T'a ;#*-- � -1 Comp, De� �4 - --- Z11CLAIA 17y with the following specified conditions and limitations: F. PERFORMANCE STANDA►DS 1-010, 1 �- 1. The animal waste collection and process wastewater, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non - discharge system to prevent the discharge of pollutants to waters of the United States or ditches. Application of waste at agronomic rates to terraces and grassed waterways is acceptable in accordance with Natural Resources Conservation Service (NRC5) Standards. f Facilities which are designed, constructed and operated to contain all process generated waste waters plus the runoff from a 25-year, 24-hour rainfall event for the location of the facility and which are in compliance with their CAWW; the Clean Water Act, and its implementing regulations; and this permit, which unintentionally discharge an overflow of process waste pollutants as a result of a storm event greater than the 25-year, 24-hour storm, will not be considered to be in violation of this permit 2. No discharge shall result'irt a violation of the water quality standards established for the receiving waters as per 15A NCAC-2B .0200. 3. T-he CAW-W is hereby incorporated by reference into this permit. New or expanding facilities are required to be certified prior to the stocking of animals. The CAWMP must be consistent with all wlicable statutes, rules and standards in effect at the time of siting, design and certification of the facility. The permittee must assess, on an ongoing basis, the effectiveness of the implementation of the CAWW. The Permittee must amend the CAWW to address any changes needed to improve the management of the animal waste at the site. Any amendment to the CAVIW must be documented, dated, and included as part of the CAWW. The CAWW must be provided to the permit issuance authority or EPA, upon the request of either. I AY violation of the CAVW shall be considered a violation of this permit and subject to ifyom. tut actions. A violation of tlu` s Permit may result in the Permittee having to take immediate or long term corrective action(s).as required by the Division of Water Quality (Division), or the Environmental Protection Agency (EPA). These actions may include modifying the CAWMP; ceasing land application of waste; removing animals from the farm; or L permit being modified, revoked and reissued, or terminated, 4. The facility may not be expanded above the capacity in this permit until a new peftnit reflecting the expansion,,has been issued. All activities authorized herein shall be consistent with the terms and conditions of this permit. 5. A copy of this Permit, certification forms, lessee and landowner agreements, and the CAWMP shall be readily available at the farm (stored at places such as the &M ,10/06/1999 12:29 919-715-6048 DWQ NON DISCHARGE BR PAGE 04 residence, office, outbuildings, etc.) where animal waste 'management activities are being conducted for the life of this permit. These documents shall be kept in good condition and records shall be maintained in an orderly fashion. U. OPERATION AND MAINTENANCE REQKMEMENTS DRAFT- AFT 1. The collection, treatment; -and storage facilities, and land application equipment and fields shall be maintained at all tirnes and properly operated. 2. A vegetative cover shalt be maintained on all land application fields and buffers in accordance with the CA*rMP. No waste may be applied upon fields not included in the CAV/W. 3. Lime must be applied, as needed, to maintain soil pH in the optimum, range for crop production. 4. Land application rates shill be in accordance with the CAV32 and the Clean Water Act and its implementing tegaii lations. "n I.- n:-V �-Wee Shah It 'land application rates exceed the Plant Available Nitrogen rate ,for the receiving crop or result in runoff during any given application. 5. Application of animal waste onto land which is used to grow crops for direct human consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur following the planting of the crop or at any time during the growing season, or in the, case offivit bearing trees, following breaking dormancy. Application of animal wastes shall not occur within 30 days of the harvesting of 15be.r and food crops for direct human consumption that undergo! further processing. 6. If manure or sludges are' applied on conventionally tilled bare soil, the waste shall be incorporated into the soil within two (2) days after application on the land. This requirement does not .apply to no -till fields, pasture, or fields where crops are actively growing. 7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, storage and application system. A Washdown of stock trailers , owned b., wd to transport animals to and from this farm only, will be permissible as long as the system can - accommodate the additional volume. Only those detergents and disinfectants that are labeled by the manufacturer as readily biodegradable may be utilized. Y 8. Disposal of dead animas shall . be done in accordance with the North Carolina Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's regulations. 9. Unless accounted thr in temporary st-rap volume, all uncon1tanumate'. runoff from the f' diverted a' from the waste lagoons surrounding property and buildings Z� be way and storage ponds to prevent any unnecessary addition to the liquid volume in the structures. j,l 10. A protective vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be Cowed to grow on the lagoon/waste storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept mowed- 2 110/06/1999 12:29 919-715-6048 DWG! NON DISCHARGE BR PAGE 05 11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance with a CA MP and toe Clean Water Act and its implementing regulations. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to lagoon dikes and liners. 12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 13. The facility must have one of the following items at all times (a) adequate animal waste application and handling ,equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, (c) a contract with a third P applicator capable of providing adequate waste application, or (d) a contract fbilpurchase of the equipment_ Equipmentshall be capable of meeting permit condition 11 (4). MOMTOMG A" REPORUNG MUIRZMEWS DRAFT 1. An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted at a frequency to insure proper operation but at least monthly and after storm events. For example, lagoons, storage ponds, and other structures should be 'inspected for evidence of erosion, leakage, damage by animals or discharge. Any major structural repairs (to lagoons or waste storage ponds) must have written documentation from a 'technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identichl specifications, no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or decreased), etc.]. 2. If not already installed at this facility, a waste -level gauge to monitor waste levels shall be installed within 60 days of issuance of this permit. This gauge shall have readily visible permanent markings indicating cating the maximum liquid level at the top of the temporary liquid storage volume, minimum liquid level at the bottom of the temporary liquid storage volume, top of the darn elevations. Where storage ponds are utilized, only a gauge indicating the maximuan liquid level at the top of the temporary liquid storage volume and top of dam ,, elevations need be installed. Caution must be taken not to damage the integrity of the liner when installing the gauge. Waste lagoon and. storage nand levels shall be recorded weekly, on Ifol —LALS supplied or approved by the Division. For level gauges already installed, the gauge shall have at a minimum: readily visible liquid markings indicating the maximum liquid level at the top of the temporary iquid storage volume and minimum liquid level at the bottom of the temporary liquid storage volume. 3. Aresentative Standard, Soil Fertility Analysis, including pH, copper, and zinc, shall be conducted annually on each a lication field receiving animal waste. The results of these tests shall be maintained ,on Tpe by the Permittee for a minimum of three, years and shall be made rtr;,.o_ ^_ TM A eDUupon" request, avaflable to thL I A A& wA A,.,t F& 4. An analysis of the animaitwaste shall be conducted as close to the time of application as practical and at least wit$n 60 days (before or after) of the date of application. This analysis shall include the following parameters: Nitrogen Zinc Phosphorous Copper Uf for any reason, here i. a discharge tLU- waters of the United States, the permittee is required to make notification in accordance with' Condition 111. 7. The discharge notification shall include the following information: 3 .10/06/1999 12:29 919-715-6048 DWO NON DISCHARGE BR PAGE 06 a. Description of the discharge: A description and cause of the discharge, including a dp'scription of the flow path to the receiving water body. Also, an estimation of the volume discharged. b. Time of the discharge: The period of discharge, including exact dates and times, and, if not corrected, the anticipated time the discharge is expected to continue, an&steps being taken to reduce, eliminate and prevent recurrence of the discharge. C. Cause of the discharge: If caused by a precipitation event(s), information from the onsite rain' gauge concerning the size of the precipitation event. d. Analysis of the waste: A copy of the last waste analysis conducted as required by Condition 111. 4. above. 6. In the event of any overflow or other discharge from the animal waste and process wastewater collection, treatment, storage and application systems, the following actions must be taken: a. Analysis of the discharge: All samples must be sampled and analyzed. Samples must be, at a minimum, be 'analyzed for the following parameters: fecal cotiform bacteria; five-day biochemical oxygen demand (BOD5); tow suspended solid.- MCOV total plosphorus as phosphorus; dissolved ka"W), I yu a phosphorus as phosphorus; ammonia -nitrogen as nitrogen; TIN as nitrogen; nitrate; pH; a%temperature. b. Sampling procedures- Samples shall consist of grab samples collected from the over -flow' or discharge. A minimum of one sample shall be collected from 40 the initial discharge (within 30 minutes). The sample shall be collected and analyzed inb accordance with EPA approved methods for water analysis listed in 40 CFR 13,6. Samples collected for the purpose of monitoring shall be re t gresentative'of the monitored discharge. Monitoring results must be submitted to Divisioni within 30 days. Reasons for not sampling: If conditions are not safe for sampling, the permittee must provide documentatiuon as why samples could not be collected. For example, the permittee may be unable to collect samples during dangerous weather conditions (such as local flooding, high winds, hurricane, tornadoes, electrical storms, etc,). However, once dangerous conditions have passed, the peA, nittee shall collect a sample from the retention structure (pond or lagoon). 7. All records, including but not limited to freeboard levels, irrigation and land application evetit(s) and removal of solids to an off -site location(s) 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 Division and shall be readily available for inspection. The pcmiittee shall also furnish to the Division or EPA upon request, copies of records required to be kept by this permit. 0. 0 Regionai lNotification. The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following vVents- a. 'Failure of any corqpoint of the animal waste collection, treatment, storage and land application system resulting in a discharge to waters of the United States, 4 12:29 919-715-6048 DWQ NON DISCHARGE BR PAGE 07 IV. b. Any failure of the I Limal waste' and process wastewater treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing , . the animal waste process wastewater and/or sludge. c. A spill or discharge from a vehicle transporting animal waste, process wastewater or sludge to the land application field which results in, -- -1—ha- to waters of the %'A A7 t United States or an event that poses a serious threat to waters of the United States. d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment. e. Failure to maintain storage capacity in a lagoon/storage greater than or eaus-4 to that U'U1 s V 4ul el -- Condition,,. 0) or thi enmt. f Overapplying animal,waste or process wastewater either in excess of the limits set out in the CAWNQ or where runoff enters waters of the United States. g. Any discharge that bypasses a lagoon/storage pond resulting in a discharge to waters of the United States or that poses a serious threat to the environment. For any emergency which ich requires immediate reporting after normal business hours, please contact the' Division of Emergency Management at 1-800-858-0368. The Permittee shall also,file a written report to the appropriate Division Regional Office of the occurrence within 5 calendar days following first knowledge of the occurrence. This -report shall outline the actions taken or pro sed to be taken to correct the problem and to ensure that the problem does not recur. e requirement to file a written report may not be waived by thejDivision Regional Office. 9. A rain gauge must be kept on site and properly maintained. A log of all, measurable rainfall events must be kept by the facility operator/owner. 10. An annual certification report shall be filed with the Division by March I of each year for the previous year's activities on forms provided by the Division certifying the facility was in compliance with the terms of this permit and the CAVVW. If the facility was not in compliance, the annual c4rdfication must be used to summarize all the violations during the previous year and V%jilp"in ILAAG current compliance status of the facility. a. INSPECTIONS AND ENTRY DRAFT The permittee shall allow the Department or EPA, or an authorized representative of The Departmant or EPA, upon the ,presentation of credentials and other documents as may be required by law, to- a) Enter the permittee's premises where aregulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b) Have access to and copy, 4t reasonable times, any records that must be kept under the conditions of this permit; c) Inspect, at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, and d) Sample or monitor, at reasonable times, for the purpose of assuring permit compliance or as otherwise', authorized by the Act, any substances or parameters at any location., El .10/06/1999 12.29 919-715-6048 DWO NON DISCHARGE ER PAGE 08 V. GENERAL CONDITIONS DRA9 1. The issuance this permit shall -not relieve the Permittee of the responsibility for compliance with all applicable surface water and groundwater quality standards or for damges to surface waters or ground waters resulting from the animal operation. 2. The Per-mittee shall t desliniatC, a^ Ce—Lified animal waste management system operator to be - in charge (OIC) of the animal waste management system. The animal waste management system shall be operated by the OIC or a person under the OIC's supervision. 3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMli. At a minimum, maximum waste level for lagoons/storage ponds 'trust not exceed the level that pt6vides adequate' storage to contain -the 25-year, 24-hour storm event plus an additional I foot of structural freeboard. FTAKE OUTNEXT SENTENCE IF NOT APPLICABLEJAn addition to the above requirements, for new and expanding farms with lagoon designs completed after September 1, 1996, storage must also be provided for the heavy rainfall, factor for lagoons without an outside drainage area. [TAKE OUT THIS PARAGRAPH IF NOT APPLICABLE] In the case of lagoons/stomge ponds in:series that are gravity fed, the 25-year, 24-hour storm event and/or the heavy rainfall'f,actor storage requirements for the system may be designed into the lowest lagoon/stora& pond in the system. However, adequate freeboard must be designed into each of theupper lagoons/storage ponds to allow sufficient storage to prevent the waste level from raising into the structural freeboard while the storm water is diallinginto the lowest lagoon in the system. 4. The Division may requite any monitoring (including but not limited to groundwater, surface water, animal waste, sludge, soil -and plant tissue) necessary to determine the source, quantity, quality, -;hand effect of such waste upon the waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting system, shall. meet all applicable Environmental Management Commission requirements. 5. Any containment basin, such as a lagoon or storage pond, used for animal waste management shall continue to be subject to the conditions and requirements of this permit after closure of the animal feeding operation or non.;.use or abandonment of said containment basis. Closure of a containment basin, in accordance with the "Natural Resource Consen, on, Sq'i vice 'QJW'ay1N'or'L'0 Carolina Interim Standard for Closure of � v""w >E; Abandoned Waste Facilities," January 1997 or any subsequent amended, will cause said containment basin to no longer be subject to the requu!�pnets of this permit or the Clean Water Act. The pennitte,-., must submit a letter to the Division to request inactivation of the NPDES permit Covurage by nroviding documentation describing tbte procedures taken to close any containment Sa!L. Closure shall also include notifying the Division and submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to Water Quality Section, N6n-Discharge Branch within 15 days of completion. of closure. 6. This permit allows for the distribution of manure up to'4 cubic yards per visit to individuals for personal use. 7. The issuance this permit does not excuse the Permittee from the obligation to comply with all applicable statutcs . rules, regulations, or ordinances (local, state, and federal), nor does issuance of this permit convey any property rights in either real or personal property. 6 10/06/1999 12:29 919-715-6048 DWQ NON DISCHARGE BR . 8. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of this Permit. 9. Failure of the Permitteei to maintain, in full force and effect, lessee and landowner agreements which are required in the CAWMP, shall constitute grounds for revocation of this Permit. 10. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division, documentation from the parties involved, and other supporting materials as may be apprbpriate. The approval of this request will be considered on its merits and may or may not be approved. 11, 11iis permit is effective only with respect to the nature and volume of wastes described in the aglication and other supporting data. The Permittee shall notify the Division immediately of any applicable information not provided in the permit application. 12 If the per- rmittee wishes to continue an activity regulated by this permit after the expiration , date of this permit, the �errnittee must apply for and by -a new permit. Renewal applications must be ffled,,, at least 180 days prior to the expiration of the permit. 13, Ile Groundwater Compliance far the disposal system constructed after December 31, 1983, is established at either (1) 250 feet, from the waste structures and from the waste disposal area, or (2).50 feet within the property ' boundary, whichever is closest to the waste struc" and the waste disposal area. If this facility was constructed prior to December 31, 19,83, the Compliance Boundary is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject, to the requirements of 15A NCAC 2L and, the Division in addition to the penalty provisions applicable under the North Carolina General Statutes. 14. The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the pennit,frevoking and reissuing the permit, or terminating the permit as allowed by the laws, rubs, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. VT. PENALTIES in on Al"T I. Failure to abide by the conditions and limitations contained in this permit; the facility's CAWW; or the Clean Water Act and its implementiaR regulations, may subject the Petmittee to an enforcement action by the Division or EPA in accordance with North Carolina General Statutes including the modification of the animal waste management system, civil penalties, criminal penalties and injunctive relief. The Clean Water Act and 40 CFR Part 122.41 provide that any Person who violates a permit condition is subject,to civil penalties, administrative penalties, and for fallsifying lmowiftgly violates a permit condition, or for negligence criminal penalties including imprisonment. Aa p� 2. The pertnittee must comply with all conditions of this permit. Any permit A noncompliance constitutes a violated -1� the t%c,, and is wounds for enforcement action; on "'L for PC=*t termination, revocation and reissuance, or modification; or denial of a permit renewal application. 7 10/06/I999 12:29 919-715-6048 DWQ NON DISCHARGE BR UFM 3. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or redu& the permitted activity in order to,maintain compliance with the condition of this permit, il,. STANDARD PERMIT CONDITIONS. DRAFT A. General Conditions 1 Introduction: In accordance with the provisions of 40 CFR Part 122.41, et. seq., this permit incorporates by reference ALL conditions and requirements applicable to NPDES Permits set forth in the Clean Water Act, as amended, (hereinafter known as the "Act") as well as ALL applicable regulations. 2. Duty to Comply- The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation, and reissuance; and/or for denial of a permit renewal application. J;. 3, Toxic pollutants: The permittee shall comply with effluent standards and prohibitions established under section 307(a) of the Act for toxic pollutants within the time provided iri the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 4. Permit actions: This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request for a'penTsit modification, revocation and relssuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 5. Property fights: The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal lri ghts, nor any iriffingement of Federal, State/Tribal or local laws or regulations. 6. Duty to provide information: The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether fV M cause exists for modifying, rev--.'-;-"5 and reissul-ug, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of re6rds required to be kept by this permit. 7. Criminal and Civil Liability: Nothing in this permit shall be construed to relieve- the permittee from civil or criminal penalties for -noncompliance. Any false or materially misleading representation or concealment of information required to be reported by the provisions of the permit, the Act, or applicable regulations, which avoids or effectively defeats the regulatory purpose of the Permit may subject the Permittee to criminal enforcement pursuant to 118 U.S.C. Section l0vul. 8. State/Tribal Laws: Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State/Tribal law or regulation under authority ,Y preserved by Section 510 of the Act. 9. Severability: The provisions of this permit are severable, and if any provision of this permit or the application ,of any provision of this permit to any circumstance, is held invalid, the- an-Alcation, otisuch provisioD to tuner circumstances, and the remainder of r this permit shall not be affected thereby. 0 .10/0611999 12:29 919-715-6048 ty,DWO NON DISCHARGE BR PAGE 11 B. Proper Operation and Mai-h4nance 1 Need to halt or reduce activity not a defense: It shall not be a defense for a permittee in an enforcement action to lead that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 2. Duty to mitigate: The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this* permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Proper operation and maintenance: The permittee shall, at all times, properly operate and maintain all facilities ana systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and mainteen e Al4-A-14mes t1e operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. I C. Monitoring and Records 1. Representative sampling Samples and measurements taken for the purpose of monitoring shall be representative of!the monitored activity. 2. Retention of records: The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this pen -nit, for a period of at least three years from thq date of the sample, measurement, report, or application. This period may be extended by request of the Director at any time. , 1� 3. Record content: Records 'of monitoring information shall include: a. The AM-, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) and time(s) analyses were performed; d. The individuals) who performed the analyses; e. The analytica&5iechniques or methods used-, and f The results of such analyses. 4. Monitoring procedures: DRAFT a- Monitoring nra,st be conducted according to test procedures approved under 40 CPR Part 136,,unless other test procedures have been specified in this permit or approved byG the Regional Administrator. b. The permittee. shall calibrate and perform maintenance procedures on allmonitoring and analytical instruments at intervals frequent enough to insure accuracy of measurements and shall maintain appropriate records of such activities. c. An adequate analytical quality control program, including the analyses of sufficient standards, spikes, and duplicate samples to insure the accuracy of all required analytical results shall be maintained by the permittee or designated commercial laboratory. i. D. Reporting Requirements I Anticipated Noncompliafice: The permittee shall give advance notice to the Division of any planned changes it; the permitted facility or activity which may result in noncompliance with permit requirements. 9 M i 12,29 919-715-6048 DWO NON DISCHARGE BR PAGE 12 1 2. Other information: Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the [Permitting Authority), it shall promptly submit such facts or information to the permitting authority. E. Signatory requirements All applications, reports, or information submitted to the Division shall be signed and certified as follows: I I All permit applications shall be signed as follows: a. For a corporation: By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: L A president, secretary, treasurer, or vice-president of the corporation incharge of a principal business function, or any other person who performs similar policy or decision -making functions for the corpo0on; or, N, of The & one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollar3), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate proved res. b. For a partnership or sole proprietorship: By a general partner for a partnership or the proprietor, respectfully. c. By the co-permittee. fi 2. All reports required by the permit and other information requested by the Division or EPA shall be signed by a'person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: a) The authorization is made in writing by a person described above; b) The authoriz4;on specifies either an individual or a position having responsibility ;for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent; position of equivalent responsibility, or any individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or an individual occupying a namedposidon; and, c) The written authorization is submitted to the Division. DRAFT F. Certifitcation Any person' signng a document uj der this section shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared i under my direction or supervision in accordance with a system designed to assure that qualified personnel prope;�y gather and evaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or those persons directly responsible for gathering tAe information, the information submitted is, to the best of my knowledge and -belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." G. Availability of Reports Any information submitted pursuant to this permit may be claimed as confidential by the submitter. If no claim is made at�txe time of submission, information may be made available to the public without further notice. 10 .10/0611999 12:29, 919-715-6048 DWO NON DISCHARGE BR VIII. DEFINITIONS 25-year, 24-hour rainfall event means the maximum 24-hour precipitation event with a probable recurrence interval of once in 25 years, as defined by %e National Weather Service in Technical Paper Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or equivalent regional or state rainfall probability information developed therefrom. Animal feeding operation means a lot or facility (other than an aquatic animal production facility) where the following conditions are met-, (i) animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and (ii) crops, vegetation f- es 0. �rag gro-44th, or post -blare t residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered YNi5:1 to be a single animal feeding operation if they adjoin each other, or if they use a common area or system for the disposal ofwastes!; Ground water means any subsurface waters. DRAFT Land application means the application ofwastewater and waste solids onto or incorporation into the soil. Process wastewater means any process=generated- wastewater and any precipitation (rain or snow) which comes into contact with an: manure, litter or bedding, or any other raw material or intermediate or final materialj`or product used in or resulting from the production of animal or poultry or direct products (ee . milk, eggs). Process -generated wastewater means any water directly or indirectly used in the operation of a feedlot for any of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning or flushing pds, barns, manure pits, or other feedlot facilities; direct contact swimming, washing or spm,y cooling of animals, and dust control. The Act means Federal Water Pollution Control Act as amended, also known as the Clean Water Act as amended, found at 33 USC 1251 et seq. Toxic pollutants means any pollutant lisied as toxic under Section 307(aXI) of the Act. Waters of the United States means: (1) all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, includina all waters that are subject to the ebb and flow of the fide; (2) all interstate waters, iriclua6i interstate wetlands; (3) all other waters such as intrastate lakes, rivers, and streams (including intermittent stream), mudflats, sandflats,rwetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, deguadation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: which are or could be used by interstate or foreign travelers for recreational or other purposes; from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or, which are or could be used for industrial purposes by industries in interstate coinmerce: (4) all inipoundments off waters oihcrwise defined as waters of the U.S.; (5) tributaries of waters identified in (1) through (4) of this definition; (6) the territorial sea; and (7) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in items (1) through (6) of this definition. I I I .10/0611999 12:29, 919-715-6048 DWO NON DISCHARGE BR PAGE 14 1 This Permit issued the day of 1999. NORT14 CAROLINA EMVIRON�TAL MANAGEMENT COMMISSION'. DRAFT` Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number NC0086614 - 12 r"'r, I'N%,DENR �JAMES B. HUNT JR.. `GOVERNOR -.BILL HOLMAN K kR T. STEif 'N Cr 4 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY ASHEVILLE- REGIONAL OFFICE WATER QUALITY SECTION nr!^r-11 #P_ fir"Wrtiftu NAV% "t " GE-ToIzpCE "Ovu IV "S Kerr T. Stevens I FROM - Roy Davis R_cl� cllk�� SUBJECT: Public Meeting NPDES Permit NCO086614 Magnolia (Mag) IV Farms Complex Sampson County On November 18, 1999 1 held a meeting at the Sampson County Agri -Exposition Center to receive public comment regarding NPDES Permit Number NCO086614 which the Division of Water Ouality (DWO) proposes to issue to D. M. Farms sai- nose _;� I,, Hill, L.L.C.(DM Farms) for the Mag IV complex of farms in Sampson County. The Mag IV complex consists of five farms which are Melville 1, Melville 2, Dell, Section 1 Site 4 and Mag IV. DM Farms submitted an application for an NPDES Permit pursuant to a December 21, 1998 order by Superior Court Judge James Fox. These five farms are tied together by a complex of lagoons and spray fields. .,On the day of the hearing, Superior Court Judge Donald Stephens issued a Temporary Restraining Order requiring the Department to limit the subject of the meeting to the issuance of an NPDES Permit to DM Farms only. As meeting officer, I complied with that order to the best of my ability. The hearing was attended by seven people not working for the DWQ. Only David Bookbinder with the American Canoe Association made a presentation. At the conclusion of the meeting I left the hearing record open for thirty days or until December 16, 1999. Written comments were received from DM Farms and the Southern Environmental Law Center. The Canoe Association, 't-1-ae Professional Paddlers Association and the North Carolina Conservation Council INTERCHANGE BUILDING, 59 WOODFIN PLACE, Asmk[VILLIC, NORTH CAROLINA 28801-2414 PHONIC 828-251-6208 FAXSZS-251-6452 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 30% RECYCLED/1 0% POST -CONSUMER PAPER Kerr T. Stevens Memorandum May 18, 20000 Page Two submitted a joint written statement. The comments take one of two positions; that the NPDES Permit is unnecessary and goes to far or that an NPDES Permit issued under the provisions of the Clean Water Act is necessary to regulate the Mag IV complex and should go further than the draft permit we took to public notice. All written comments received during the comment period were produced by law firms or the Southern Environmental Law Center. The comments therefore are in part highly legalistic in nature. Before taking final action on the application I would suggest that you request the Attorney General's Office to look at these comments. It is my feeling that our non -discharge permit system has served us well in terms of regulating the Concentrated Animal Feeding Operation (CAFO) industry. However, it is my recommendation that NPDES Permit Number NCO086614 be issued. I am making that recommendation for three reasons: First; regulating the CAFOs under the NPDES program will allow for increased public involvement in this high profile industry. Second; the DWQ has previously committed to issue NPDES Permits to CAFOs which have had an illegal discharge to surface waters.., Lastly; the United States Environmental Protection Agency has expressed a preference that the State of North Carolina regulate the CAFO industry under the NPDES permit program. If the decision is made to issue this permit, I recommend that NPDES Permit Number NCO086614 be first modified prior to issuance to DM Farms for the Mag IV complex. I will discuss my suggested modifications in the following paragraphs. The observation was made that the draft permit is not clearly dentified as an NPDES Permit. If the decision is made to issue NPDES Perm 4+-i'utiWer wrr-ne%nre .1 A �L. 11 it should be: identified as an LN�-VUQUU.L-11 t.Lle permL NPDES Permit being issued under the authority of North Carolina General Statute 143-215.1 and the Memorandum of Agreement be between North Carolina and the United States Environmental Agency dated December 6, 1983. Several times in the hearing record it was mentioned that the public has no opportunity to review and comment upon Certified Animal Waste Management Plans (CAWMPs). The Permit as drafted incorporates the related CAWMPs into the permit thereby probably making the plans subject to public review and comment. Issuing NPDES Permits to CAFOs opens up public notice and comment issues which because of a different statutory basis do not exist in the non -discharge permit program under which we currently regulate CAFOs. obviously issuance of NPDES Permits to this industry would likewise have the effect of allowing third party suits. The hearing record indicates that citizen access to information remains a concern. The public has no access to waste application records or soil and waste analyses for the reason that these documents are kept on each Kerr T. Stevens Memorandum May 18, 20000 Page Three individual farm and therefore are not a part of the "public record". As you well know DWQ staff performing animal waste inspections routinely review such documents at the farm. Obviously inspectors have no means to copy such documents and rarely obtain copies of those records thereby allowing them to become apart of the public record. I think that difficulty of public access to these records is a valid concern. I do not have a ready solution to this problem and would like for the DWQ over time to think of a means for the public to gain access to these records. The hearing record suggests that we require stream monitoring to urther insure that animal waste being land applied does not run off /the application site and enter surface waters. I do not find requiring stream , am monitoring to be an efficient way of further insuring site V retention of waste and therefore do not -so recommend. If the DWQ feels that waste run off is a sufficient problem to justify further action, possibly DWQ inspectorscouldgive additional attention to buffers when conducting animal waste management system inspections. 4. DM Farms, in their written statement, raise the issue that NPDES Permit Number NCO086614 as currently drafted contains many conditions regulating activities which are not regulated by the Clean Water Act. I view these conditions as properly appearing in a permit document for r Pn. T"hp-rszfn�rA if i-li= decision is made to 4��iip 4-1-,4- NTnnV0 nerml 4- A -- _ - - - - - - - -- �� �1 � �A� I., Z, _L we will have to decide if any further action is required in order to retain these or similar conditions. Following the public meeting, I asked Groundwater Section staff of the Fayetteville Regional office to look at the farms making up the Mag IV complex to see if NPDES Permit Number NC0086614, if issued, should require groundwater monitoring. The Groundwater Section does in fact recommend that groundwater monitoring take place at this location. Attached is a copy of Arthur Mouberry's February 22, 2000 memorandum to me with attachments. It is my recommendation that all suggestions relating to groundwater monitoring contained in that document be incorporated as a part of NPDES Permit Number NC0086614. It is my recommendation that Section VII, Subpart G of NPDES Permit Number NCO086614 be removed in its entirety. If I were a citizen wanting access to state's documents relating to Mag IV I would read this subpart as making it excessively easy for DM Farms to claim confidentiality and therefore deny public access those documents. I understand from conversations with staff of the Non -Discharge Permitting Unit that many of the conditions currently appearing in NPDES Permit Number NCO086614 as drafted are there because of EPA requirements. I could make many comments of.an editorial nature which would make the permit more understandable to the person being regulated. I make the offer to sit down with staff of the Non - Discharge Permit Unit and go over the permit for this purpose if you are so inclined. Kerr T. Stevens Memorandum May 18, 20000 Page Four ' I have purposefully avoided responding to many detailed technical comments for the reason that I feel that the real issue here is whether or not to issue an NPDES Permit. I am content to allow more technical question to continue to be answered by the Interagency Group Guidance Memorandum. I would point out that the Guidance Memorandum is not subject to public review and comment in advance of adoption, which, based on the comments I heard at the hearing, is a concern in some quarters. I am available to meet with you to discuss my recommendations in greater detail if you would find such a meeting useful. Enclosure xc: Coleen Sullins MAG-IV-1.00 All, A*Ai 0 N,CDENR At NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY February 22, 2000 To: Roy Davis Asheville Regional Office From: Paul Dahlen Through: Arthur Mouberry Subject: Magnolia 4 Site Review Waycross, Sampson County Groundwater Section Central Office Staff have reviewed the recommendations from Art Barnhardt regarding monitoring at the subject site. We concur with these recommendations. - I GROUNDWATER SECTION 1636 MAIL SERVICE CENTER, RALEIGH, NC 27699-1636 - 2726 CAPITAL, BLVD., RALEIGH, INC 27604 PHONE 9151-733-3221 FAX919-715-OSSO AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER -,50% RECYCLED/10% POST -CONSUMER PAPER WAYNE MCDEVITT V;5ECRZTARY 'J NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsouRcEs DIVISION OF WATER QUALITY DIVISION OF,WATER QUALITY February 14, 2000 TO. Arthur Mouberry DWQ-GW Section, RCO Parker -Lincoln Bldg. FROM: Art Barnhardt, FR�t DWQ-GW Section SUBJECT: Magnolia 4 Site Review Groundwater Monitoring Recommendations Waycross, Sampson County As requestedt" the Fayetteville Regional Office has completed review of the subject facility and it's need for groundwater monitoring. Factors such as soil type and the location of private water supply wells are the main criterion evaluated in a review of this type. Soil- drainage is a feature that indic_ate_s _- waste receiving site's ability to retain the waste water components in the soil for the cover crop to effectively utilize. With swine waste management, the most mobile waste components are the nitrogen compounds. of the nitrogen compounds, nitrate is the most mobile and difficult to manage without loss to the groundwater resource. F^YKTTEVILLIE REGIONAL OFFICE 225 GREEN STREET, SUITE 714, FAycrrEvILLE, NORTH CAROLINA 28301-5043 PmaNK91-406-tS41 FAX910-40a-0707 AN EOUAS. OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONNUMER PAPER The S1S4 Facility has a predominance of well drained soil types. These type soils are a higher risk for nitrate loss into the shallow groundwater system. The receptors of concern at the S1S4 Facility are the surface water tributaries which traverse this site. The location of the proposed monitoring wells on the attached man are sited so that the groundwater quality can be monitored between the area where waste is being stored/applied and the receiving surface water tributaries. The Dell Farm and the Melville 2 Facilities are also of concern because of a similar soil type in the southern border of the two facilities. This area has the additional factor of private off -site water supply wells in close proximity to waste application sites. These factors make this portion of the farm complex an area where groundwater monitoring is recommended. The attached map shows the proposed location of these monitoring wells as well. The Melville I and Mag 4 Facilities were also evaluated. The results of this evaluation determined that the predominate soil types are moderately well drained. Relative to well drained soil, moderately well drained and poorer drained soils have less potential to impact groundwater and are at increased risk of overland run-off type problems. There were no private off -site water supply wells in the vicinity of either of these facilities. Therefor no groundwater monitoring is recommended at these facilities at this time. After Central office Staff has reviewed these comments please forward the GW Section's comments to Roy Davis in the Asheville Regional Office 'A TWI - ; 4 LL MR. Instructions: DRAFT SUBJECT TO REVISIONS 1. Using the RANKING TABLE as a guide, enter YES or NO in the SITE RANK TABLE for each Risk Factor. 2. Match your completed SITE RANK TABLE to the appropriate column in the SCORING TABLE to determine whether groundwater monitoring is required. Note: Blank boxes in the SCORING TABLE can have a value of YES or NO. Risk Factors YES I NO UNKNOWN Has the la&oon/spray field been in use for 5 years or more? 2 Is there a water supply well within 250' with no intervening Eoundwater discharge? — 3 Is the predominant soil drainage classification well drained to excessively drained? X 4 Are rock outcro2s present? 5 Were NRCS construction standards used? 6 Have groundwater standards been exceeded at this site based on existing monitoring records? 7 Was groundwater encountered during construction of any Ilagoon? I Depth to Groundwater (feet below land surface) 1. in mos, cases it won't beknown, but il'ii is it will be helpful to know. M 1 2 3 4 5 6- 7 1 Risk Factors` rvo Lie,- Vj YESINO SCORING TABLE =======I _GIII I� W-�— Monitor ii All Others DRAFT (2/3/2000) . 45 i S 'ql. . Instructions: C� DRAFT SUBJECT TO REVISIONS 1. Using the RANKING TABLE as a guide, enter YES or NO in the SITE RANK TABLE for each Risk Factor, 2, Match your completed SITE RANK TABLE to the appropriate column in the SCORING TABLE to determine whether groundwater monitoring is required. Note: Blank boxes in the SICORINQ TABLE can have a value of YES or NO. Risk Factors YES NO UNKNOWN I Has the lagoon/sprayfield been in use for 5 years or more? 2 Is there a water supply well within 250' with no intervening groundwater discharge? 3 Is the predominant soil drainage classification well drained to excessively drained? 4 Are rock outcro2s present? &5 Were MRCS construction standards used? 6 Have groundwater standards been exceeded at this site based on existing monitoring records? Was groundwater encountered during construction of any lagoon? Depth to Groundwater (feet below land surface 1. In most cases it won't be known, but if it is it will be helpful to know. 2 j 3 j 4 SCORING TABLE Monitor GW All Others DRAFT SUBJECT TO REVISIONS Instructions: 1. Using the RANKING TABLE as a guide, enter YES or NO in the SITE RANK TABLE for each Risk Factor. 2. Match your completed 9TTF. R ANTI TABLE, to the appropriate ordiimn in the c-QQPTMQ- TABLE to determine whether groundwater monitoring is required. Note; Blank boxes in the SCORING TABLE can have a value of YES or NO. wMagg Risk Factors .. YES NO UNIQ40WN I Has the lagoon/sgrayfield been in use for 5 years or more? X 2 — Is there a water supply well within 250' with no intervening groundwater discharge? 3 is the predominant soil drainage classification well drained to excessively drained? — 4 Are rock outcrops present? 5, Were FRCS construction standards used? X 6 Have groundwater standards been exceeded at this site based one Xi toting rn ^ n i t o t"1 4"Fr2v r a e o'? VA 7 Was groundwater encountered during construction of any lagoon? I I Depth to Groundwater (feet below land surface) ' I 1. In most cases it won't be known, but if it is it will be helpful to know. SITE RANK TABLE 1 2 3 4 5 6 5 j,10 fvo /., i--1; t.,) SCORING TABLE 7 Risk Factors YESINO d(O , Monitor All Others 1011 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES N CER JAMES B —GOVERNOR WAYNE McDevirr'. SECRETARY KERR T. DIRF-CTO t 'a jr DiviSION OF WATER QUALITY DIVISION OF WATER QUALITY February 14, 2000 M R M n V a V Q T7 M TO: Arthur Mouberry A_� %Z " 0 L, J. W I A , X, Cv Parker -Lincoln Bldg. FROM; Art Barnhardt, FRE?(—J DWQ-GW Section SUBJECT: Magnolia 4 Site Review Groundwater Monitoring Recommendations Waycross, Sampson County As requested, the Fayetteville Regional Office has completed review of the subject facility and it's need for groundwater monitoring. Factors such as soil type and the location of private water supply wells are the main criterion evaluated in a review of this type. Soil drainage is a feature that indicates a waste receiving site's ability to retain the waste water components in the soil for the cover crop to effectively utilize. With swine waste management, the most mobile waste components are the nitrogen compounds. of the nitrogen compounds, nitrate is the most mobile and difficult to manage without loss to the groundwater resource. FAYETTEVILLE RZOIONAL OPPrIet 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-4a6-1S41 FAX 910-4ae-0707 AN EQUAL OPPORTUNITY I ArPIAMATIVE ACTION EMPLOYER - 50% RECYCI.Co/10% POST-CONSUMCR PAPER The SlS4 Facility has a predominance of well drained soil types. These type soils are a'higher risk for nitrate loss into the shallow groundwater system. The receptors of concern at the SIS4 Facility are the surface water tributaries which traverse this site. The location of the proposed monitoring wells on the attached map are sited so that the groundwater quality can be monitored between the area where waste is being stored/applied and the receiving surface water tributaries. The Dell Farm and the Melville 2 Facilities are also of concern because of a similar soil type in the southern border of the two facilities. This area has the additional factor of private off -site water supply wells in close proximity to waste application sites. These factors make this portion of the farm complex an area where groundwater monitoring is recommended. The attached map shows the proposed location of these monitoring wells as well. The Melville I and Mag 4 Facilities were also evaluated. The results of this evaluation determined that the predominate soil types are moderately well drained. Relative to well drained soil, moderately well drained and poorer drained soils have less potential to impact groundwater and are at increased risk of overland run-off type problems. There were no private off -site water supply wells in the vicinity of either of these facilities. Therefor no groundwater monitoring is recommended at these facilities at this time. After Central Office Staff has reviewed these comments please forward the GW Section's comments to Roy Davis in the 1� 11- M-4-1 ^4:4:4c- - 4 J. � ;�. Ao%��j - %.JL14;-L-U W J. A. -1. DRAFT SUBJECT TO REVISIONS Instructions: I I using the RAIN k— K' — KRNQi TABLE as a guide, enter YES or NO in the SITE RANK TABLE for each Risk Factor. 2. Match your completed SITE RANK TABLE to the appropriate column in the SCORING TABLE to determine whether groundwater monitoring is required. Note: Blank boxes in the SCORING TABLE can have a value of YES or NO. RANKING TABLE Risk Factors YES NO UNKNOWN Has the lagoon/s2rayfield been in use for 5 years or more? �2 Is there a water supply well within 250' with no 3 Is the predominant soil drainage classification well drained to excessively drained? X 4 Are rock Qutcr02s present? 5 Were MRCS construction standards used? A 6 Have groundwater standards been exceeded at this site based on existing monitoring records? 7 Was groundwater encountered during construction of an g y lagoon? kf Depth to Groundwater (feet below land surface) 1. In most cases it won't be known, but if it is it will be helpful to know. SITE RANK TABLE 1 2 3 4 5 6 7 RiskYEFactorsO 17f -j- S/N SCORING TABLE M onit GW or DRAFT SUBJECT TO REVISIONS cb Instructions: I. Using the RANKING TABLE as a guide; enter YES or NO in the IZTrP 0AXY `TABLE ;;reach Risk Factor. 2. Match your completed SITE RANK TABLE to the appropriate column in the SCORING TABLE to determine whether groundwater monitoring is required. I A'I I Note: B lank kuoxe.-a -A n thc SCORINGI MDj_Ecan blave a value ofYES or NO. RANKING TABLE Risk Factors YES NO UNKNOWN I Has the lagoon/sprayfield been in use for 5 years or more? 2 Is there a water supply well within 250' with no intervening groundwater discharge? 3 Is the predominant soil drainage classification well drained to excessively drained? 4 Are rock outcro2s present? ,'-5 Were NRCS construction standards used? 6 Have groundwater standards been exceeded at this site I based on existing monitoring records? 7 Was groundwater encountered during construction of any lagoon? Depth to Groundwater (feet below land surface) 1. In most cases it won't be known, but if it is it will be helpful to know. SITE RANK TABLE 1 2 3 4 5 1 6 7 1 Risk Factors,, YESINO SCORING TABLE Monitor All Others DRAFT Instructions: 1. Using the RANKING TABLE as a guide, enter YES or NO in the SITE RANK TABLE for each Risk Factor, 2. Match your completed SITE RANK TABLE to the appropriate column in the SCORING TABLE to determine whether groundwater monitoring is required. Note: Blank boxes in the SCORING TABLE can have a value of YES or NO. I M-Atill 1114 PORN IF. -I 0.3 -4 Risk Factors YES NO UNKNOWN I Has the lagoon/s2rayfield been in use for,5 years or more? 2 Is there a water supply well within 250' with no intervening groundwater discharge? — 3 Is the predominant soil drainage classification well drained to excessively drained? — 4 Are rock outcrops present? 5- Were MRCS construction standards used? 6 Have groundwater standards been exceeded at this site based on exis!Ln g monitoring records? /A 7 Was groundwater encountered during construiction. of any lagoon? J I Depth to Groundwater (feet below land surface) 1 1. In most cases it won't be known, but if it is it will be hc1pfW to know. SITE RANK TABLE 1 2 3 4 5 1 4 11 7 1 Wisk Factors NIA YESINO 140 Monitor mi GW All Others• DRAFT (2 / 3 // '41 nu 0. 0% )