Loading...
HomeMy WebLinkAbout400065_ENFORCEMENT_20171231NUH I H CAHULINA Department of Environmental Qua ENFORCEMENT ENFORCEMENT ENFORCEMENT Pat McCrory Governor A, � , 47) NCDENR North Carolina Department of Environment and Natural Resources November 17, 2014 CERTIFIED MAIL 7010 0780 0001 7057 4726 RETURN RECEIPT REQUESTED Ralph W Noble Ralph Noble Farm 5155 Hwy 903 N Snow Hill, NC 28580 Dear Ralph W Noble: John E. Skvarla, III Secretary RECEIVED NOV 19 2014 '(".)`-WK-WAR0 Re: Notice of Deficiency- NOD-2014-OP-0014 Failure to Apply for Renewal of Expiring State General Permit Permit #: AWS400065 Greene County Your facility was approved for operation under one of the Animal Waste Operation State Non -Discharge General Permits, which expired on September 30, 2014. The State Non -Discharge General Permit, Condition V.9 states: `If the Permittee wishes to continue an activity regulated by this General Permit after the expiration date of this General Permit, the Permittee must apply for and obtain a new COC. Renewal applications must be filed at least 180 days prior to the expiration of the General Permit.' In order to assure your continued coverage under the State Non -Discharge General Permits, the Division of Water Resources (DWR) sent you a reminder to submit an application for permit coverage to the Division in a letter written on March 3, 2014. However, our records indicate that the Division has not received an application form from your facility_ The form was due April 1, 2014. To avoid possible enforcement action for a violation of your permit, please submit your application within thirty (30) days of receipt of this letter to the following address: NCDENR—DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 807-6464 Enclosed you will find a "Request for Certificate of Coverage Facility Currently Covered by an Expiring State Non -Discharge General Permit." The application form must be completed, signed and returned to DWR with one (1) copy of your most recent Waste Utilization Plan along with the field maps_ 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 91M07- 46411nternet: h11 :/Av".ncdenr.Qovi An Equal opportunity 1, Affirmative Adion Employer— hka _ in part by recycled paper 1. If your facility was never built, please indicate so on the application and request to be removed from the permitted list. 2. If your facility is depopulated and you are waiting to close the lagoon, please send a separate letter requesting a "zero animals" permit until such time as the lagoons are properly closed according to the NRCS standards and the permit is rescinded. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel free to contact the Animal Feeding Operations Program staff at 919-807- 6464. Sincerely, rip-0100 M-mr-711" Animal Feeding Operations and Ground Water Protection Branch Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures cc (w/o enclosures): Washington Regional Office, Water Quality Regional Operations Section Greene County Soil and Water Conservation District WQROS Unit Central Files - AWS400065 CERTIFIED MAIL RETURN RECEIPT REQUESTED RALPH NOBLE 5155 HIGHWAY 903 NORTH SHow HILL NC 28580 Dear Ralph Noble: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 12i t L. JAN 2 0 2004 DWQ-WARD Alan W. Klimek, P.E. Director Division of Water Quality January 14, 2004 Subject: Notice of Violation and Revocation for Nonpayment Ralph Noble Farm Permit Number: �XWS400065- ") Greene County 1 In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 6/11/1999. Your annual permit fee for the period of 6/11/2003 - 6/10/2004 is $150.00. Your payment was due 8/13/2003. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincerely, Alan W. Klimek, P.E. cc: Non -Discharge Branch Compliance/Enforcement Unit Washington Regional Office Greene County Health Department Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699A617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper �wArF wA� 0 % Michael F. Easley, Governor William G. Ross, Jr., Secretary 7 Department of Environment and Natural Resources _r .� Gregory J. Thorpe, Ph.D. 4 ' Y Acting Director Division of Water Quality CERTIFIED MAIIL RETURN RECEIPT REQUESTED December 13, 2001 Mr_ Ralph Noble 5315 Hwy 903 North Snow Hill, North Carolina 28580 RE: Notice of Recommendation of Enforcement Ralph Noble Farm Facility Number 40-65 Greene County Dear Mr. Noble: This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concertos the violations of North Carolina General Statute 143-215. l(a)(1) for discharging animal waste into waters of the State without a permit and violations of the conditions in your Swine Waste Operation General Permit. The Ralph Noble Fann, facility no. 40-65 is located on NCSR 1404. approximately 1.0 miles west of its intersection uith Hwy 903 in Greene County. On December 9. 2001, Ms Lyn Hardison was notified by a representative of the Division of Soil and Water Conservation, who observed wastewater flowing out of the dog box and flowing into the stormwater diversion areas toward Mussell Run, while conducting the Operation Review. Ms. Hardison and Ms. Daphne Cullom of the Division of Water Quality investigated the report and observed wastewater in the stonnwater diversion areas and in the unnauued tribuary to Mussell Run, which is tributary to Contenhnea Creek in the Neuse River Basin- Most of the wastewater was contained onsite via earthen dams, however some waste product did reach Mussel Ruin. Please provide this office with your explanation for this violation and corrective actions taken to prevent such violations from occurring in the future within ten (10) days after receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please contact me at 252-946-6481, ext_ 214 or Lyn Hardison at ext. 318. Sincerely, !� Jim Mulligan Water Quality Regional Supervisor cc: Greene County Soil and Water Conservation District Mike Regan, NCCES NCDSWC-WaRO Compliance Group W ntral Files C3WMR0 943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax) k/0_R d State of North Carolina Department of Environment and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED PWA CDERFORROLINA DEPARTMENT OF ENVIRc Nommc r ANr> MacruRA- RESOURCES DIVISION OF WATER QUALITY January 26, 1999 Mr. Ralph Noble Ralph Noble Farm Rt. 1, Box 173 Snow Hill, North Carolina 28580 SUBJECT: Notice of Deficiency Animal Feedlot Operation Site Inspection Ralph Noble Farm Facility No. 40-65 Greene County Dear Mr. Noble On May 28, 1998, 1 conducted an Animal Feedlot Operation Site Inspection at the Ralph Noble Farm in Greene County. A copy of the inspection report is attached for your review. In general, this inspection included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP) and the General Permit; (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, the Certified Animal Waste Management Plan and the General Permit; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator; (4) the required records are being kept; (5) there are no signs of seepage, erosion, and/or runoff. The following deficiencies were observed during the inspection. Failed to have the required waste analysis. The wastewater must be sampled within sixty (60) days of application. It is suggested to collect a sample for analysis every 120 days to meet the 943 Washington Square Mail, Washington, North Carolina 27889 Telephone 252/946-6481 FAX 252/975-3716 An Equal Opportunity Affirmative Action Employer Page Two Ralph Noble Farm Facility No. 40-65 January 26, 1999 requirement. You must have a current waste analysis to have accurate irrigation records. It is very important as the owner and the Operator in Charge that you resolve these aforementioned deficiencies and any other problems that may arise, as soon as possible. For additional assistance, please contact your Technical Specialist. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. Thank you for your cooperation and assistance during the inspection. Should you have further questions or comments regarding this inspection, do not hesitate to call at (252) 946-6481, ext. 321. Sincerely, Daphne B. Cullom Environmental Specialist cc: Greene County SWCD Office Greene County NCCES Office DSWC-WaRO Dr. Garth Boyd, Murphy Family Farms Compliance Group t/WaRO Facility Number p Registered N Certified p Applied for Permit p Permitted Farm Name: Ralph.Nable.Farm.................................... Date of Inspection Time of Inspection � 24 hr. (hh:mm) in Not Operatrona Date Last Operated: ......... County: Greene WARO OwnerName: Ralph ...................................... Nable .......................................................... Phone No:.7.46 51ii6—........................... ..................................... Facilitv Contact: Title: ............................................................... Phone No: MailingAddress: Rt.X.Box.17-1.......................................................................................... Snow.Hill—N.0 ....................................................... 28S811.............. Onsite Representative: W—ayne.Nobl� .............................. ..... . Integrator:Murphy, Famlly.Farms................ ............ ............................. ...................... Certified Operator: Ralph.... ............................... Noble ................................................. Operator Certification Number:18610. Location of Farrg: Latitude •® ©1• Longitude ©• ®4 Swine Capacity Population p Wean to ee er ® Feeder to mis p Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Poultry Capacity Population Cattle Capacity Population p Layer ❑ Dairy p Non -Layer p on- airy ❑ Other Total Design Capacity 2,200 Total SSLW I 297.OMT--1 i r Number of Lagoons / Holding Ponds_ JE3 Subsurface Drains resent agoonArea p SpraT�eea - p No Liquid Waste Management Svstem General I. Are there anv buffers that need maintenance/improvement? []Yes ® No 2. Is any discharge observed from any part of the operation? p Yes ® No Discharge originated at: p Lagoon p Spray Field p Other a. If discharge is observed. was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed. did it reach Surface Water? (If yes, notify DWQ) ❑Yes p No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If ves, notify DWQ) Yes p No 3- Is there evidence of past discharge from any part of the operation? ❑ Yes H No 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes ® No 5. Does any part of the waste management system (other than lagoons/holding ponds) require p Yes 11 No maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ® No 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ® No 7/25/97 aci ity Number: 40_65 Date of Inspection 8. Are there lagoons or storage ponds on site which need to be properly closed? 4 Structures Lagoons Holding Ponds Flush Pits etc. 9. Is stora# capacity (freeboard plus storm storage) less than adequate? Structure I Structure 2 Structure 3 Structure 4 Identifier: Freeboard (ft): 1.6 ft. 10. Is seepage observed from any of the structures? ❑ Yes ® No ❑ Yes ® No Structure 5 Structure 6 .............................L-- ... ........ .... ........ p 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? 7 ❑ Yes H 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? ❑ Yes ® No Waste Application 14. Is there physical evidence of over application? ❑ Yes ® No 4 (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ............... Rye.(Grazed).................................... Soybrans.................... .......................Wheat.................................................................................. 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes ® No 17. Does the facility have a lack of adequate acreage for land application? p Yes N No 18. Does the receiving crop need improvement? p Yes N No 19. is there a lack of available waste application equipment? / ❑ Yes ® No 20. Does facility require a follow-up visit by same agency? ❑ Yes ® No 21. Did Reviewer/inspector fail to discuss review/inspection with on -site representative? ❑ Yes R No 22. Does record keeping need improvement? p Yes ® No For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ® No 24. Were any additional .problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No 25. Were any additional problems noted which cause noncompliance of the Permit? ❑ Yes ❑ No 1...o vio tions.or erencies*were .note - s rOng t is visit.. Yea will .receive no further.: . Reviewer/Inspector Name 1Daphne $ Cullom a ' { Reviewer%Inspector Signature: Date: ��