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HomeMy WebLinkAbout820136_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qua! OF WdrFq Michael F. Easley �O� QG Governor rWilliam G. Ross Jr., Secretary >_ Department of Environment and Natural Resources p Alan W. Klimek. P.E. Director Division of Water Quality April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Quarter M Farms PO Box 759 Rose Hill NC 28448 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Ingold Sow Farm #82-136 Sampson County Dear Sir or Madam: On March 21, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on April 21, 1997. In addition to this Notice of Violation (NOV), this non- compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Fayetteville Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal NCDENR 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 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled 110% post -consumer paper httPJ/h2o.encstate.nc. us Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months_ A summary of actions taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Fayetteville Regional Office at the following address no later than. 10 days following receipt of this letter. Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Fayetteville Regional Office. Staff at (910) 486-1541. Sincerely, ;. lainW. Klimek P. l . Director cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement.Unit Central Files r M rUT R P I I Y F AM I L Y F A R M S April 29, 1998 Mr. Jeffery Brown NCDENR - DWQ 225 Green St. Suite 714 Fayetteville, N.C. 28301 Subject: April 1, NOD - Ingold Sow Farm Dear Mr. Brown: UIl f-5 i - RECEIVE -1) 114 Y 0 4 1998 R. i) EV1ZLE OFFICE Since your March 25th visit to the farms, the following actions have taken place: 1) The lagoon level has been lowered to 19 inches and will continue to be lowered this summer. 2) We have consulted with private and company engineers and technical specialists on the erosion problem and have a plan which Murphy Family Farm's Construction Department will enact by June. 3) Technical specialist Kraig Westerbeek is updating the CAWMP to reflect coastal bermuda in the fields formerly occupied by hardwoods. These fields have been mowed and will be disked and sprigged by June. If you have any questions, please call John Bizic at 910-289-6439. Sincerely, dohn Bztc and & Nutrient Manager cc: Garth Boyd Jeff Turner Wilson Spencer Audrey Oxendine Jeffrey Worley Paul Faircloth GNBUEFF.DOC F� xh 's .�.1}F'L•J1. II NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY April 1, 1998 Murphy Family Farms P..O. Box 759 Rose Fill, NC 28458 SUBJECT: NOTICE OF DEFICIENCY Ingold Sow Farm Registration No. 82-136 Sampson County Dear Dr. Boyd. - On March 25, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Ingold Sow Farm swine facility. It was observed that the facility's waste lagoon was in the emergency storage level (13 inches) according to the marker. There was some erosion noted around the base of the lagoon dam. This erosion is a result of heavy rainfall washing down a drainage ditch_ Hardwood trees are no longer existent in one of the spray fields. This was the specified crop type in the Certified Animal Waste Management Plan (CAWMP). The CAWMP did not address insect and odor control and an animal mortality plan. In regard to the deficiencies noted during the inspection, the following actions are requested - 1. Lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits. 2. Consult with a technical specialist for assistance in regard to rectifying the erosion problem around the base of the lagoon dam. 225 GREEN[ STREET, SUITE 7141 FAYETTEVILLE, NORTH CAROLINA 28801-5048 PHONE 810-486.1541 FAX 910-485-0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION! EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER Page 2 Murphy Family Farms April 1, 1998 3. The CAVVMP will need to be updated since hardwood trees are going to be replaced with coastal bermuda as the crop type for one of the spray fields. The CAWMP also needs to include sections on animal mortality and insect and odor control. Contact a technical specialist for assistance in advising your CAVVMP. Please notify this office on or before April 30, 1998 at the address below as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. If you have any questions concerning this matter, please call Jeffery Brown, at (910) 486-1541. Sincerely, IV Jeffery Brown Environmental Engineer cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Wilson Spencer - Sampson Co. NRCS ru ru C3 C3 17� r%- 10% 11 1" or Cr r— rPortage `� - -0 —0 -0 -0 Cert4jotd Fqo M Cl RMurO Rqceqjt FPS C:1 13 {Endorsement HeQuired) H')rq C3 13 C3 C3 Restricted Dfqiv'�ry Fna (Endarserient Requirodl W-1 r -q Total Posinge & Faq% L$ Ln Ln W ru son! TO ----------- ------- Act No.' , 01 PO Na. C3 C3 ................ ------- r-;) J- '/'S S' Mum - 0 . Complete items 1: 2. and ,3. Also,616priplete: Item 4 if Restricted Delivery. Is deslred 0 Print your name and address on -the reverse so that we can return. the card to you. 0 Attach this card to the back of the mallpiece, oron the front if space permits. 1. Article Addressed to.: MURPHY FARMS ATN JOHN BIZIC PO BOX 759 T, - ROSE HILL -NC 28458 003—/0 2. Article Number (Transfer from service label) PS Form 3811, Mar -0 20b1I 11 � I !e of Delivery. - S- ,� C.'Signature 0 Agent -X 13 Addressee D. Is delivery address different from item 17 13 yes � If YES, enter delivery address below: 0 No 3., Service Type 0 Certified %4611 0 Express Mail 0 Regii;la;ed C Return Receipt for Merchandise 0 Insured Mail O'C'0-0- 4. Restricted Dellvery7 (Extra Fee) 0 yes 7001 2510., 0000. 66.79, 7.70-2. leatid Return R1jr tt ( 1 A 10259"1-M-1424 CERTIFIED MAIL RETURN RECEIPT REQUESTED Quarter M Farms Attn: John Bizic PO Box 759 Rose Hill, NC 28458 Dear John Bizic: Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 4, 2003 Subject: Rescission of Notice of Violation 1 Issuance of Notice of Deficiency ingold Sow Farm Facility No. 82-136 Sampson County Alan W. Klimek, P.E. Director Division of Water Quality Thank you for your recent submittal of the information requested in our letter dated April 15, 2003- We greatly appreciate the effort that you made in compiling this information and sending it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred - Upon review and consideration of the information submitted, the Fayetteville Regional Office has determined thai no further compliance/enforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 15, 2003 and replaces it with this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. j NCD��� Customer Service: Mailing Address: Telephone: (9f 9) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity 1 Affirmative Action Employer 50% recycled / 10% post -consumer paper httpJ1h2o.e nr.state. nc. us Inadequate Freeboard Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at (910) 486-1541. Sincerely, (Fv,) ePauE.wls Regional Water Quality Supervisor CC: File 82-136 Non -Discharge Compliance and Enforcement Unit Central Files CERTIFIED MAIL RETURN RECEIPT REQUESTED Quarter M Farms Attn: John Bizic PO Box 759 Rose Hill, NC 28458 Dear John Bizic: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 4, 2003 Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency Ingold Sow Farm Facility No. 82-136 Sampson County Alan W. Klimek, P.E. Director Division of Water Quality Thank you for your recent submittal of the information requested in our letter dated April 15, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 15, 2003 and replaces it with this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. 7YL-4�G14R Customer Service: Mailing Address: Telephone: (999) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St_ Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal opportunity 1 Affirmative Action Employer 50% recycled 110% post -consumer paper http_11h2o.enr.stale. nc. us Inadequate Freeboard Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at (910) 486-1541. Sincerely, (lam) ePauE�.awls Regional Water Quality Supervisor CC: File 82-136 Non -Discharge Compliance and Enforcement Unit Central Files