Memos MoArk Topnotch Complex
May 22, 2005
MOARK – Topnotch Complex

Jasper County, Missouri

Facilities description: ~326,606-hen egg production complex. Hens are confined in stacked cages. Manure drops into pits under the cages and is mechanically moved to the end of the building, and then loaded onto trucks or stored in concrete holding pits outside the buildings. The wastes (called litter) are hauled away to be spread on waste application fields. Hens that die at the site are landfilled. Various production sites within the complex are identified as Tackborne (also spelled Takborne) East, Tackborne West, Smith, and formerly, Fleck.

Information compiled by the Sierra Club from: Excerpts from files of the State of Missouri – Department of Natural Resources (MDNR) and Office of the Attorney General.

On Or About File Description

02.07.05 MDNR Report on Inspection: “There is an accumulation of dust below the exhaust fans at all three units. This material should be cleaned up…” “There are several stockpiles of sawdust to mix with the litter. The sawdust contains small plastic chips, which do not breakdown [sic] quickly.” “A private individual who has hauled manure from this site stockpiled the material where was [sic] reasonably certain to be washed into a stream.” “The material stockpiled on the Steve Tong property northeast from Jasper, Missouri was improperly handled. He stockpiled several truckloads of soupy manure on the side of a hill just above Coon Creek.” “The lid to the floor drain pit at Tackborne West was open. Some of the contents had been pumped out onto the ground. Maybe in an attempt to unclog a drain.”

11.01.04 MDNR Report on Inspection: “At Tackborne West litter has drained outside the pit along the auger.” “There is a drain tile at Tackborne East and the discharge contains water contaminants. This discharge needs to be controlled or eliminated.” “Some spilled litter had been washed off the loading pad…”“The lid to the floor drain pit at Tackborne West was open. Some of the contents had been pumped out onto the ground, possibly in an attempt to unclog a drain.”

08.23.04

07.29.04 MDNR Report on Inspection and Inspection Report Form: “There was a lot of dust below exhaust fans. This needs to be cleaned and dust removed.” “There is a drain tile at Tackborne East and the discharge contains water contaminants. This discharge needs to be controlled or eliminated.” “There was a swath of dead grass from the entrance ramp [of the Smith pit] and off to the northwest. This was caused by either contaminated runoff rich in nutrients, mainly nitrogen, burning the grass or there was runoff from a sprayed herbicide, like Round Up, and it drained down off the entrance ramp.” “Graywater discharge @ Takborne E.” [sic]

05.06.04 MDNR Report on Inspection: “There was excessive dust below the exhaust fans. This area needs to be cleaned and dust removed.” “There is a drain tile at Tackborne East and the discharge contains water contaminants. This discharge needs to be controlled or eliminated.” “Takborne East had a lot of spillage out on the concrete loading pad.”

03.03.04

01.28.04 MDNR Report on Inspection and Inspection Report Form: “The pit at Smith Farm was one half full but there was spillage on the ramp.” “Takborne East pit was covered with manure across the entire floor… This manure has no stacking ability and is very sloppy.” “The desirable option for this facility is to market the manure north of Spring River in areas of rowcrop production. These watersheds to the north are not on any impaired list due to excess nutrients. Also the areas in rowcrop country are a little more sparsely populated.”

08.07/03 MDNR Report on Inspection: “The drier manure from barns 1 through 5 is hauled and land applied using mainly end dump trailers and nite slinger spreaders. [sic] The west five barns [sic] manure is hauled normally with tank trucks and is land applied.” “There is a cleanout cap off a wastewater line at Tackborne West, which shows evidence of a past discharge.”

06.04.03 MDNR Report on Inspection: “There is an accumulation of dust below the exhaust fans at all three units. The dust needs to be removed on a regular basis.” “There is an old septic line near the egg collection building at Tackborne West that still contains layer manure. This tank should be pumped out on a regular basis.” “There is a black liquid surfacing on the west side of the egg collection building at Tackborne West. This discharge will have to be eliminated.” “There is also a gray colored sludge at the southeast corner of the Tackborne West unit. The source of this sludge needs to be located and eliminated.” “There are no bales or curtains around the exhaust fans and there is a dust buildup at all three buildings.”

02.14.03 MDNR Report on Inspection: “There is an accumulation of dust below the exhaust fans at each unit. The dust needs to be removed on a regular basis.” “There is an old septic tank near the egg collection buildings that still contains layer manure. This tank should be pumped out on a regular basis.” “There are no bales or curtains around the exhaust at this time. There is beginning [sic] to cause a dust buildup at all three buildings.”

12.16.02 MDNR Report on Inspection: “There is an accumulation of dust below the exhaust fans. The dust needs to be removed on a regular basis.”

07.19.02 MDNR Inspection Report Form: “had a lot of spillage on ramp @ Takborn W” [sic] “Smith pit full” [sic] “straw bales around fans need replaced” [sic]

04.22.02 MDNR Report on Inspection: “There is quite a bit of spillage outside the access ramp at all three facilities.” “These ramps get a lot of manure tracked up and down it while loading out spreader trucks. As is listed as an unsatisfactory feature there was a lot of manure from tracking and spilling outside the pits where the trucks were being loaded.”

02.01.02

01.11.02 MDNR Report on Inspection and Inspection Report Form, Facility Not In Compliance: “There are no certified operators at MoArk.” “There was some spillage out on the ramps…”

12.12.01 MDNR Report on Inspection: “There are no certified operators at MoArk.” “There were two small piles of contaminated sawdust at Tackborne West and East and some minor spillage at Tackborne East on the concrete loading pad.” “The metal cover on the PATZ system at Tackborne West was off and allowed some spillage down onto the concrete.”

08.22.01 MDNR Report on Inspection: “Spillage where the trucks are being loaded needs to be cleaned up as soon as possible.” “There was still some spillage around the auger from barn #3 at Tackborne West. This was noted during a previous inspection…”

03.01.00 MDNR paper copy of e-mail correspondence from MDNR inspector George Parsons to MDNR Southwest Region Director Bruce Martin, MDNR’s Kevin Mohammadi, and MDNR’s Ed Sears: “I just got an interesting call from a prior employee at MoArk. He was recently let go so this is either a disgruntled employee or a reliable witness. He says that the well at Tackborne W. has been testing bad. That there is no casing other then [sic] a few feet at the top of the well.” “From a WPCP [MDNR Water Pollution Control Program] standpoint, do we want a well that could be a major conduit for ground water pollution this close to such a large source of chicken manure?”

There is no response in the file other than the following forward of that e-mail from MDNR Southwest Region Director Bruce Martin to his administrative assistant with the following comment: “Please print and file in Newton County, WPCP, MoArk. Thanks.”

02.16.00 MDNR Inspection Report Form, Facility Not In Compliance: “There is a dust build up [sic] below the fans, especially @ Tackborne W. A drainage tile will have to be installed @ Tackborne W to get clean stormwater away from dust accumulation & manure spillage around pit” [sic]

09.22.99 MDNR Inspection Report Form, Facility Not In Compliance: “…accumulation of dust from exhaust fans.”

05.24.99 MDNR Inspection Report Form, Facility Not In Compliance: “Stormwater from between barns #3 & #4 drains thru [sic] where spillage occurs.” “Tackborne E…N drainage has shavings in it to soak up spillage…”

03.26.99

03.24.99 MDNR Inspection Report Form and Attachment, Facility Not In Compliance: “Severe spillage outside of ramp @ Tackborne W.” [sic] “The field being spread W. of the feedmill has a losing stream [connected to groundwater] thru it” [sic]

01.07.99 MDNR Inspection Report Form, Facility Not In Compliance: “There is an accumulation of dust around exhaust fans.” “Tackborne E has lots of spillage on concrete apron…”

09.17.98 MDNR Inspection Report Forms: “Need to keep after new drivers (& old) to maintain buffers – Maintain supervision.” “Old drains, leaks & cracks were found in the Smith pit & repaired. This was the cause of the contaminated water that had been observed several times NW corner of pit.” [sic] “Constant vigilance is required to instruct new drivers on buffer zones”

06.17.98

06.04.98 MDNR Correspondence, MDNR Inspection Report Form, Facility Not In Compliance: “A need for improved waste handling was noted. It is a violation of the Missouri Clean Water Law to allow pollutants to enter waters of the state, or to put or place contaminants where they are likely to enter waters of the state.” “No permit…” “All excess manure on the loading ramps needs to be pushed back into the pits.”

03.30.98

03.24.98 MDNR Correspondence, MDNR Inspection Report Form, Facility Not In Compliance: “A need for improved waste handling was noted. It is a violation of the Missouri Clean Water Law to allow pollutants to enter waters of the state, or to put or place contaminants where they are likely to enter waters of the state.” “No permit…” “All excess manure on the loading ramps needs to be pushed back into the pits.”

03.24.98 MDNR Inspection Report Form, Facility Not In Compliance: “There is no record of a general permit for this facility or one being applied for.” “Keep excess manure from loading areas picked up & put back into the pits.”

12.10.97 MDNR Inspection Report Form, Facility Not In Compliance: “No permit…” “Keep manure on pads scraped back into the pits.”

08.12.97 MDNR Inspection Report Form, Facility Not In Compliance: “The #5 bldg has several seeps on N side of barn. Manure from trench is seeping out under wall in 3-4 places.” [sic]

08.15.97

08.12.97 MDNR Inspection Report Form and Attachment, Facility Not In Compliance: “Need to determine the source of wastewater discharge on NW corner (~15’ away) of Smith pit.”

05.20.97 MDNR Notice of Violation (NOV) #2563SW, MDNR Inspection Report Form, Facility Not In Compliance (2 FNIC): “The pit at barn #7 on the Fleck Farm was full and discharging. This facility is operating without a permit.”

11.04.96 NOV #2437SW, MDNR Inspection Report Form, Facility Not In Compliance: “A discharge of contaminated wastewater was observed along the northwest corner of the concrete pit on the Smith Farm.”

09.27.96 NOV #2353SW, MDNR Inspection Report Form, Facility Not In Compliance: “Spilled manure from pits at Timberview & Tackborne West. The manure has been contained by diking with sawdust… A discharge of contaminated stormwater was observed at the northwest corner of the pit at Smith Farm.” “Major spill @ Tackborn W. – wall has been knocked out of pit by loader or hydraulic pressure of manure (or both)… [sic]

08.11.94 NOV #1598SW, MDNR Inspection Report Form, Facility Not In Compliance: “Operating a class I CAFO without a permit or Letter of Approval. Land applying chicken manure too close to Elkhorn Creek. Spreading less than ten feet from waters [sic] edge.”

10.25.93

10.20.93

10.05.93 NOV #0564, MDNR Correspondence, MDNR Inspection Report Form, Facility Not In Compliance (3 FNIC): “Discharging contaminated stormwater to waters of state. Operating a class I concentrated animal feeding operation without the necessary LOA [Letter of Approval] (spout) [sic] for operation. Constructing a Class I concentrated animal feeding operation without the necessary LOA for construction.” “There are no runoff controls around the clean out pit. Major spillage occurs when pulling the manure out of the barn. Also, when the clean out is delayed, manure seeps out of the pit.” “The Top Notch Farm is similar to the Fleck Farm along with the same problems. Barns seven through ten have always had the worst problems.” “major spillage between barns – discharge to ponds & dry streams (losing)…” [sic] “

10.18.93 MDNR Memorandum: “Fleck farm seepage from clean-out pits” [sic] “Top Notch farm clean-out pits full barn #4 discharges to lagoon” [sic]

06.29.93 NOV #0736, MDNR Correspondence: ““Discharging contaminated stormwater to waters of the state. Operating a class I concentrated animal feeding facility without the necessary LOA for operation. Constructing a class I concentrated feeding operation without the necessary LOA for construction.” “At the Topnotch farm manure was also flowing off uncontrolled… On other barns there was spillage around the cleanout pits. Contaminated stormwater runoff from this farm was flowing into drainages that are considered to be losing streams. This means that the contaminated discharge is entering groundwater.” “The Fleck Farm had spillage around the clean out pits. Contaminated stormwater runoff from the spillage flowed into ponds below the farm. It could not be observed where the manure physically left the farm. However, these ponds are not part of an approvable waste management plan.”

06.09.93

06.09.93 MDNR Inspection Report Forms, Facility Not In Compliance: “…excessive spillage – discharging to ponds below facility” “Bad! discharges to drainages… manure flowing out of clean out pits – excessive spillage” [sic]

10.16.91

10.11.91 MDNR Correspondence, MDNR Inspection Report Form, Facility Not In Compliance: “The area west of each of these farms has an accumulation of manure from past spills.”

09.11.91

09.05.91 MDNR Correspondence, MDNR Inspection Report Form, Facility Not In Compliance: “Residues from manure cleanout can be observed between the barns.” “At the Top Notch Farm, dead birds are disposed of by incineration. The incinerator does not have a permit…”Records for land application were not available at the farm. Land application records should be available at the farm site.”

03.27.91 MDNR Memorandum from Division of Geology and Land Survey: “CONCLUSIONS: Overall these sites lie on very permeable residuum and bedrock. Surface contaminants will move vertically into the subsurface easily and quickly.”

01.28.91 MDNR Memorandum: “Our office has been investigating the MoArk Egg Production facilities in Newton & Jasper Counties. They have been doing a terrible job of managing the manure produced at these facilities. Several violation notices have been issued. I would like to request a geologic evaluation of the areas around the MoArk Productions barns.”

06.22.90

06.20.90

06.15.90 NOV #16101, MDNR Report on Inspection, MDNR Inspection Report Form, Facility Not in Compliance: “Manure from storage pits flows between barns down to a drainageway which has been determined to be a losing stream.” “The manure pits were discharging.” “Excessive surface runoff.” “There was spillage of material from the hauling and spreading equipment.” “Manure flowed away from the barns and at least in one case drained to a ravine or drainageway. The Division of Geology and Land Survey has determined that the streams in this area are losing streams (recharge points to groundwater).” “Sludge or solids were observed in creek or around outfall”

01.06.86 MDNR Report on Inspection: “Egg shells had been dumped in piles on the soil plant filter [waste application field].” “No records were being kept on application rates.” “…there was sludge deposits observed below the lagoon which could indicate some minor seepage through the berm.”

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